Valenzuela v. People, GR No.

160188 without the consent of the owner; and (5) that the taking be
accomplished without the use of violence against or intimidating of
Subject Matter: Applications of the provisions of Article 6 of the
persons or force upon things. The court held that theft is produced
Revised Penal Code; Stages of theft
when there is deprivation of personal property by one with intent to
Facts: gain. Thus, it is immaterial that the offender is able or unable to
freely dispose the property stolen since he has already committed
While a security guard was manning his post the open parking area all the acts of execution and the deprivation from the owner has
of a supermarket, he saw the accused, Aristotel Valenzuela, hauling already ensued from such acts. Therefore, theft cannot have a
a push cart loaded with cases of detergent and unloaded them frustrated stage, and can only be attempted or consummated.
where his co-accused, Jovy Calderon, was waiting. Valenzuela then
returned inside the supermarket, and later emerged with more
cartons of detergent. Thereafter, Valenzuela hailed a taxi and
In People v. De la Cruz, C.A., 43 O.G. 3202, the accused was found
started loading the boxes of detergent inside. As the taxi was about
inside a parked jeep of Captain Parker by an American MP. The
to leave the security guard asked Valenzuela for the receipt of the
jeeps padlock had been forced open and lying between the front
merchandise. The accused reacted by fleeing on foot, but were
seats and the gearshift was an iron bar. Captain Parker was then
subsequently apprehended at the scene. The trial court convicted
inside a theatre. It was held that the accused already commenced to
both Valenzuela and Calderon of the crime of consummated theft.
carry out his felonious intention, and that if he did not perform all
Valenzuela appealed before the Court of Appeals, arguing that he
the acts of execution which should have produced the crime of
should only be convicted of frustrated theft since he was not able to
theft, it was because of the timely arrival of the MP. The overt acts
freely dispose of the articles stolen. The CA affirmed the trial courts
of the accused consisted in forcing open the padlock locking the
decision, thus the Petition for Review was filed before the Supreme
gearshift to a ring attached to the dashboard which was placed
Court.
there to avoid the jeep from being stolen. The crime committed is
Issue: only attempted theft.

Whether or not petitioner Valenzuela is guilty of frustrated theft. PEOPLE OF THE PHILIPPINES vs. BIENVENIDO DELA CRUZ
Held:
G.R. No. 135022; July 11, 2002
No. Article 6 of the RPC provides that a felony is consummated
when all the elements necessary for its execution and Facts
accomplishment are present. In the crime of theft, the following
elements should be present (1) that there be taking of personal Two informations were filed by the Office of the Provincial
property; (2) that said property belongs to another; (3) that the Prosecutor before the Regional Trial Court of Malolos, Bulacan,
taking be done with intent to gain; (4) that the taking be done
charging Bienvenido Dela Cruz with rape of Jonalyn Yumang mentality of an 8-year-old girl, could likewise file the complaint
allegedly committed on 3 and 4 July 1996. independently of her relatives. Her complaint can be rightfully
considered filed by a minor.
When Jonalyn was presented as its first witness, the prosecution
sought to obtain from the trial court an order for the conduct of a In People v. De la Cruz, C.A., 43 O.G. 3202, the accused was
psychiatric examination on her person to determine her mental found inside a parked jeep of Captain Parker by an American MP.
and psychological capability to testify in court. The purpose was The jeeps padlock had been forced open and lying between the
that should her mental capacity be found to be below normal, the front seats and the gearshift was an iron bar. Captain Parker was
prosecution could propound leading questions to Jonalyn. then inside a theatre. It was held that the accused already
commenced to carry out his felonious intention, and that if he did
The trial court convicted Dela Cruz of the crime of rape in not perform all the acts of execution which should have produced
Criminal Case No. 1275-M-96, but acquitted him in Criminal Case the crime of theft, it was because of the timely arrival of the MP.
No. 1274-M-96 for insufficiency of evidence. On appeal, dela The overt acts of the accused consisted in forcing open the
Cruz asserted that the trial court committed errors in having taken padlock locking the gearshift to a ring attached to the dashboard
the fatally defective criminal complaint for a valid conferment which was placed there to avoid the jeep from being stolen. The
upon it of jurisdiction to try and dispose of said two (2) charges of
crime committed is only attempted theft.
rape.
The case of De la Cruz was published in the Official Gazette in
Issue: 1946. At the time, taking of motor vehicle is neither qualified theft
under Article 308 in relation to Article 310 of the Revised Penal
Whether the trial court validly took cognizance of the complaint Code nor carnapping.
filed by Jonalyn, a mentally deficient person.
On June 7, 1947, RA No. 120 amended Article 310 of the Code
Held making taking of motor vehicle a qualifying circumstance. Hence,
the attempted theft in the De la Cruz case should be read as
Yes. The complaint in the instant case has complied with the attempted qualified theft.
requirement under the Revised Penal Code and the Rules of
In August 26, 1972, Congress enacted RA No. 6539, which
Criminal Procedure, which vest upon Jonalyn, as the offended
party, the right to institute the criminal action. As signed by punished carnapping, the actus reus of which is the taking of
Jonalyn, the complaint started the prosecutory proceeding. The motor vehicle with intent to gain without consent of the owner, by
assistance of Jonalyn 's aunt, or even of her mother, was a means of violence or intimidation or using force upon thing. This
superfluity. Jonalyn 's signature alone suffices to validate the carnapping law did not adopt the technical nomenclature of the
complaint. penalties of the Revised Penal Code. For example, the penalty
for simple carnapping is an imprisonment of not less than 14
We agree with the OSG that if a minor under the Rules of Court years and 8 months but not more than 17 years and 4 months.
can file a complaint for rape independently of her parents, This is a penalty under the American criminal system. The
Jonalyn, then 20 years of age who was found to have the
colonial influence of the American policy and principles over the nature of acts executed. Acts susceptible of double interpretation
legislators was still strong in 1972. cant furnish ground for themselves. Mind should not directly infer
Since RA No. 6539 did not adopt the technical nomenclature of intent. Spain SC: necessary that objectives established or acts
the penalty of the Revised Penal Code, the intention of Congress themselves obviously disclose criminal objective.
is not to adopt the penal system of the Code including the rules
on graduation of penalty and modifying circumstances. Under
Article 51 of the Code, if the felony is attempted, the penalty shall NORBERTO CRUZ v. PEOPLE OF THE PHILIPPINES G.R. No. 166441, 8
be reduced to two degrees lower. This provision cannot be October 2014, FIRST DIVISION, (BERSAMIN, J.)
applied to carnapping since penalty of imprisonment of not less
than 14 years and 8 months but not more than 17 years cannot The intent of the offender to lie with the female defines the
be reduced to two degrees lower. With the non-applicability of the distinction between attempted rape and acts of lasciviousness.
rule on graduation, an accused cannot be convicted of attempted However, merely climbing on top of a naked female does not
carnapping constitute attempted rape without proof of his erectile penis being
in a position to penetrate the female's vagina.

FACTS: AAA and BBB were employed by Norberto Cruz and his wife
Belinda Cruz to help then in selling their plastic and glass wares in La
CASE DIGEST ON PEOPLE v. LAMAHANG [61 Phil.703 (1935)] Union. They reached their destination at around 8 o clock in the
Facts: Aurelio Lamahang was caught opening with an iron bar a wall evening. Later that morning, at around 1 o clock, AAA was
of a store of cheap goods in Fuentes St. Iloilo. He broke one board awakened when she felt that somebody was on top of her.
and was unfastening another when a patrolling police caught him. Bartolome was then mashing her breast and touching her private
Owners of the store were sleeping inside store as it was early dawn. parts. She came to realize that she was totally naked. She fought
Convicted of attempt of robbery back and kicked Bartolome twice. Thus, the latter was not able to
pursue his lustful desires. A complaint for attempted rape was filed
Issue: WON crime is attempted robbery? against Bartolome. Both the Regional Trial Court (RTC) and Court of
Held: No. Attempted trespass to dwelling. Attempt should Appeals found him guilty beyond reasonable doubt of attempted
have logical relation to a particular and concrete offense which rape.
would lead directly to consummation. Necessary to establish ISSUE: Did the acts of Bartolome in mashing her breast and touching
unavoidable connection & logical & natural relation of cause and her private parts constitute attempted rape?
effect. Important to show clear intent to commit crime. In case at
bar, we can only infer that his intent was to enter by force, other RULING: No. Bartolome climbed on top of the naked victim, and
inferences are not justified by facts. Groizard: infer only from was already touching her genitalia with his hands and mashing her
breasts when she freed herself from his clutches and effectively
ended his designs on her. Yet, inferring from such circumstances under an indictment alleging he sold four tea bags of marijuana to a
that rape, and no other, was his intended felony would be highly Narcotics Command (NARCOM) poseur-buyer in consideration of
unwarranted. This was so, despite his lust for and lewd designs the sum of P40.00.
towards her being fully manifest. Such circumstances remained
Issue:
equivocal, or susceptible of double interpretation. Verily, his felony
would not exclusively be rape had he been allowed by her to Whether or not accused-appellant Simon should be given a
continue, and to have sexual congress with her, for some other lighter punishment of six months to six years instead of reclusion
felony like simple seduction (if he should employ deceit to have her perpetua, pursuant to the amendments of Republic Act No. 7659 to
yield to him) could also be ultimate felony. Republic Act No. 6425
The information charged that Bartolome removed her Held:
panty and underwear and laid on top of said AAA embracing and
touching her vagina and breast. With such allegation of the Yes, since Republic Act No. 7659 was effected on December
information being competently and satisfactorily proven beyond a 31, 1993
reasonable doubt, he was guilty only of acts of lasciviousness, not People vs. Pentecostes
attempted rape. His embracing her and touching her vagina and Facts
breasts did not directly manifest his intent to lie with her. The lack 1. 2 September 1998- Rudy was drinking with his brother-in-law
of evidence showing his erectile penis being in the position to 2. After this, he left and went to Siababas house to buy coffee and
penetrate her when he was on top of her deterred any inference sugar, accompanied by his 4 year old son
about his intent to lie with her. At most, his acts reflected lewdness 3. A gray automobile came from opposite direction passed by them.
and lust for her. The vehicle moved backward towards them, paused, then the driver
The intent to penetrate is manifest only through the of the vehicle, Parrod, drew a gun and shot Rudy once hitting him
showing of the penis capable of consummating the sexual act just below his left armpit.
touching the external genitalia of the female. Without such 4. Rudy ran at the back of the vehicle, while Parrod left. Rudy and
showing, only the felony of acts of lasciviousness is committed. son headed to seashore then went back to the place where he was
shot and shouted for help.
People v. Simon234 SCRA 555, 569 (1994) G.R. No. 93028 5. People brought him to the municipal hall of Gonzaga, Cagayan
where he was interrogated by a policeman.
Facts:
6. He was brought to Don Alfonso Ponce Memorial Hospital. The
Accused-appellant Martin Simon was charged with following day, he was discharged. He filed an information charging
a violation of Section 4, Article II of Republic Act No. 6425, as Parrod of frustrated murder.
amended, otherwise known as the Dangerous Drugs Act of 1972, 7. RTC ruled that it should be attempted murder; CA ruled it should
be less serious physical injuries. the way, they dropped by the houses of Alejandro and Dionisio to
Held apologize for the petitioners conduct.
SC affirmed CA decision. The principal and essential element of Benigno and Amelita were in Alejandros house when the
attempted or frustrated murder is the intent on the part of the petitioner arrived bringing with him two scythes, one in each of his
assailant to take the life of the person attached. It should be proved hands. Benigno instructed Alejandro and Dionisio to run away. The
in a clear and evident manner. In the present case, intent to kill petitioner wanted to enter Alejandros house, but Benigno blocked his
way and asked him not to proceed. The petitioner then pointed the
could not be inferred. Parrod only shot victim once and did not hit scythe, which he held in his left hand, in the direction of Benignos
any vital part of Rudys body. Also, the wound, according to the stomach, while the scythe in the right hand was used to hack the
medico-legal certificate issued by the doctor only required 10 days latters neck once. Benigno fell to the ground and was immediately
taken to the hospital while the petitioner ran to chase
of medical attendance. In fact, he was discharged the following day.
Alejandro. Benigno incurred an expense of more than P10,000.00 for
Parrod should only be guilty of less serious physical injuries under hospitalization, but lost the receipts of his bills. He further claimed that
Art 265 of RPC. after the hacking incident, he could no longer move his left hand and
was thus deprived of his capacity to earn a living as a carpenter.

Dr. Ardiente, a surgeon from J.R. Borja Memorial Hospital,

FE ABELLA y PERPETUA v. PEOPLE OF THE PHILIPPINES Cagayan de Oro City, who rendered medical assistance to Benigno
G.R. No. 198400 October 7, 2013 REYES, J.: after the latter was hacked by the petitioner, testified that Benigno
sustained the abovementioned injuries. Benigno was initially confined
Facts: in the hospital on September 6, 1998 and was discharged on
On October 7, 1998, petitioner-accused Fe Perpetua Abella, September 23, 1998. The defense relied on denial and alibi as
a farmer, baker and trisicad driver, was charged with frustrated defenses. He claimed that from September 2, 1998 to October 2002,
homicide after he hacked one, BENIGNO ABELLA y PERPETUA, with he and his family resided in Buenavista, Agusan del Norte. Sitio Puli,
the use of a scythe, hitting the latters neck thereby inflicting the Canitoan, Cagayan de Oro City, where the hacking incident occurred,
following injuries: (1) hacking wound left lateral aspect neck; and (2) is about four (4) hours drive away. Fernando Fernandez, a friend of
incised wound left hand dorsal aspect. After the Information was filed, petitioner, testified that on September 6, 1998, he saw the petitioner
the petitioner remained at large and was only arrested by agents of gathering woods to make a hut. Later in the evening, at around 5:00
the National Bureau of Investigation on October 7, 2002. During the p.m., Urbano Cabag spotted the petitioner drinking tuba in the store of
arraignment, the petitioner pleaded not guilty. Pre-trial and trial thus Clarita Perpetua.
proceeded.
RTC Ruling: The RTC convicted the petitioner of the crime of
The Prosecution evidence established that on September 6, Frustrated Homicide. Petitioner Fe Abella was sentenced to suffer an
1998, at around 11:00 p.m., Benigno was watching television in his indeterminate penalty of Six (6) years and One (1) day to Eight (8)
house. A certain Roger Laranjo arrived and asked Benigno to pacify years of prision mayor as minimum to Ten (10) years and One (1) day
the petitioner, who was stirring trouble in a nearby store. Benigno and to Twelve (12) years of prision mayor as maximum. The petitioner then
Amelita found the petitioner fighting with Alejandro Tayrus and a filed an appeal before the CA primarily anchored on the claim that the
certain Dionisio Ybaes (Dionisio). Benigno was able to convince the prosecution failed to prove by clear and convincing evidence the
petitioner to go home. Benigno and Amelita followed suit and along
existence of intent to kill which accompanied the single hacking blow acts of execution if the wound inflicted on the victim is mortal and could
made on Benignos neck. cause the death of the victim without medical intervention or
attendance. In cases of frustrated homicide, the main element is the
The CA Ruling: The CA affirmed petitioners conviction for frustrated accuseds intent to take his victims life. The prosecution has to prove
homicide but modified the sentence to imprisonment of six (6) months this clearly and convincingly to exclude every possible doubt regarding
and one (1) day to six (6) years of prision correccional as minimum, to homicidal intent. And the intent to kill is often inferred from, among
eight (8) years and one (1) day of prision mayor in its medium period, other things, the means the offender used and the nature, location,
as maximum. and number of wounds he inflicted on his victim.

The CA held that Article 249 of the Revised Penal Code The petitioner invokes the doctrine in Pentecostes, Jr. to
provides that the penalty for the crime of consummated homicide is argue that homicidal intent is absent, in Pentecostes, Jr., the victim
reclusion temporal, or twelve (12) years and one (1) day to twenty (20) was shot only once in the arm, a non vital part of the body. The
years. Under Article 50 of the same Code, the penalty for a frustrated attending physician certified that the injury would require medical
crime is one degree lower than that prescribed by law. Thus, frustrated attendance for ten days, but the victim was in fact promptly discharged
homicide is punishable by prision mayor, or six (6) years and one (1) from the hospital the following day. In Benignos case, he sustained
day to twelve (12) years. Applying the Indeterminate Sentence Law, an 11-centimeter long hacking wound in the neck and a 4-cm long
absent any mitigating or aggravating circumstances, the maximum of incised wound in his left hand caused by the unsterile scythe used by
the indeterminate penalty should be taken from the medium period of the petitioner. Dr. Ardiente testified that "it is possible to have
prision mayor. To determine the minimum of the indeterminate complications resulting from these injuries because the wounds were
penalty, prision mayor should be reduced by one degree, which is extensive and they were big and they were open wounds, so there is
prision correccional, with a range of six (6) months and one (1) day to a possibility of infections resulting from these kinds of wounds, and the
six (6) years. The minimum of the indeterminate penalty may be taken instrument used was not a sterile instrument contaminated with other
from the full range of prision correccional. things." No complications developed from Benignos wounds which
could have caused his death, but he was confined in the hospital for a
Hence this Petition for Review on Certiorari under Rule 45 period of 17 days.

Issue: WON the RTC and the CA erred in rendering judgments which From the foregoing, this Court concludes and thus agrees with
are not in accordance with law and applicable jurisprudence and which the CA that the use of a scythe against Benignos neck was
if not corrected, will cause grave injustice and irreparable damage to determinative of the petitioners homicidal intent when the hacking
the petitioner blow was delivered. It does not require imagination to figure out that a
single hacking blow in the neck with the use of a scythe could be
Held: NO enough to decapitate a person and leave him dead. While no
complications actually developed from the gaping wounds in
To successfully prosecute the crime of homicide, the following Benignos neck and left hand, it perplexes logic to conclude that the
elements must be proved beyond reasonable doubt: (1) that a person injuries he sustained were potentially not fatal considering the period
was killed; (2) that the accused killed that person without any justifying of his confinement in the hospital. A mere grazing injury would have
circumstance; (3) that the accused had the intention to kill, which is necessitated a lesser degree of medical attention.
presumed; and (4) that the killing was not attended by any of the
qualifying circumstances of murder, or by that of parricide or This Court likewise finds wanting in merit the petitioners claim
infanticide. Moreover, the offender is said to have performed all the that an intent to kill is negated by the fact that he pursued Alejandro
instead and refrained from further hacking Benigno. What could have Discipline of the Integrated Bar of the Philippines (hereinafter, the
been a fatal blow was already delivered and there was no more Commission), for and in behalf of Pan-Asia International
desistance to speak of. Benigno did not die from the hacking incident
by reason of a timely medical intervention provided to him, which is a Commodities, Inc. Herein complainant charges respondent Meneses
cause independent of the petitioners will. All told, this Court finds no with the following offenses, viz.: (1) malpractice and gross
reversible error committed by the CA in affirming the RTCs conviction misconduct unbecoming a public defender; (2) dereliction of duty, by
of the petitioner of the crime charged. violating his oath to do everything within his power to protect his
WHEREFORE the instant petition is DENIED. The Decision client's interest; (3) willful abandonment; and (4) loss of trust and
of the Court of Appeals in is AFFIRMED with MODIFICATIONS. The confidence, due to his continued failure to account for the amount of
petitioner, Fe Abella y Perpetua is ORDERED TO PAY the offended P50,000.00 entrusted to him to be paid to a certain complainant for
party moral damages in the amount of P25,000.00 and temperate
the amicable settlement of a pending case.
damages in the amount of P25,000.00. Further, the monetary awards
for damages shall be subject to interest at the legal rate of six percent
(6%) per annum from the date of finality of this Decision until fully paid. Facts:

The complaint-affidavit alleged that Frankwell Management

Republic of the Philippines
and Consultant, Inc., a group of companies which includes Pan-Asia
SUPREME COURT
International Commodities, Inc., through its Administrative Manager
Manila
Estrellita Valdez, engaged the legal services of respondent Atty.
EN BANC
Meneses. One of the litigations handled by him was the case of
"People vs. Lai Chan Kow, a.k.a. Wilson Lai, and Arthur Bretaa,"
CBD A.C. No. 313 January 30, 1998
pending before Branch 134, Regional Trial Court of Makati. On
ATTY. AUGUSTO G. NAVARRO, for and in behalf of PAN-ASIA
December 24, 1993, respondent received the sum of P50,000.00
INTERNATIONAL COMMODITIES, INC., complainant,
from Arthur Bretaa, the accused in said case, to be given to therein
vs.
offended party, a certain Gleason, as consideration for an out-of-
ATTY. ROSENDO MENESES III, respondent.
court settlement and with the understanding that a motion to dismiss
the case would be filed by respondent Meneses.
PER CURIAM:

Despite subsequent repeated requests, respondent failed to

Statement of the Case:
present to his client the receipt acknowledging that Gleason received
said amount. A verification made with the Regional Trial Court of
This administrative case against respondent Atty. Rosendo
Makati revealed that no motion to dismiss or any pleading in
Meneses III was initiated by a complaint-affidavit filed by Atty.
connection therewith had been filed, and the supposed amicable
Augusto G. Navarro on June 7, 1994 before the Commission on Bar
settlement was not finalized and concluded. Despite repeated
demands in writing or by telephone for an explanation, as well as the Respondent Meneses' misconduct constitutes a gross
turnover of all documents pertaining to the aforementioned case, violation of his oath as a lawyer which, inter alia, imposes upon every
respondent Meneses deliberately ignored the pleas of herein lawyer the duty to delay no man for money or malice. He blatantly
complainant. disregarded Rule 16.01 of Canon 16 of the Code of Professional
Responsibility which provides that a lawyer shall account for all
The Commission recommended that respondent Meneses he money or property collected or received for or from his client.
suspended from the practice of the legal profession for a period of Respondent was merely holding in trust the money he received from
three (3) years and directed to return the P50,000.00 he received his client to be used as consideration for the amicable settlement of
from the petitioner within fifteen (15) days from notice of the a case he was handling. Since the amicable settlement did not
resolution. It further provided that failure on his part to comply with materialize, he was necessarily under obligation to immediately
such requirement would result in his disbarment. return the money, as there is no showing that he has a lien over it.
As a lawyer, he should be scrupulously careful in handling money
Issue: entrusted to him in his professional capacity, because a high degree
of fidelity and good faith on his part is exacted.
Whether or not the misappropriation of the money
entrusted to respondent and which he has failed and/or refused to
account for to his client constitutes a violation of his oath and gross A note and advice on the penalty imposed in the
violation of Canon 16? resolution is in order.

Ruling: In other words, it effectively purports to impose either a 3-

year suspension or disbarment, depending on whether or not
Yes. The Court agrees with the findings and conclusion of the respondent duly returns the amount to complainant. Viewed from
Integrated Bar of the Philippines that respondent Meneses another angle, it directs that he shall only be suspended, subject to
misappropriated the money entrusted to him and which he has failed the condition that he should make restitution as prescribed therein.
and/or refused to account for to his client despite repeated demands
therefor. Such conduct on the part of respondent indicating his Dispositions of this nature should be avoided. In the imposition of
unfitness for the confidence and trust reposed on him, or showing penalties in criminal cases, it has long been the rule that the penalty
such lack of personal honesty or of good moral character as to render imposed in a judgment cannot be in the alternative, even if the law
him unworthy of public confidence, constitutes a ground for provides for alternative penalties, nor can such penalty be subject to
disciplinary action extending to disbarment. a condition. There is no reason why such legal principles in penal law
should not apply in administrative disciplinary actions which, as in
this case, also involve punitive sanctions.
 Besides, if the purpose was to extenuate the liability of
respondent, the only possible and equivalent rule is in malversation
cases holding that the restitution of the peculated funds would be
analogous to voluntary surrender if it was immediately and
voluntarily made before the case was instituted. 26 That evidently is
not the situation here. Also, the implementation of the penalty
provided in the resolution will involve a cumbersome process since,
in order to arrive at the final action to be taken by this Court, it will
have to wait for a verified report on whether or not respondent
complied with the condition subsequent.

WHEREFORE, Atty. Rosendo Meneses III is hereby

DISBARRED.