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KIDNAPPING AND ILLEGAL DETENTION .......................2 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAIDA TOMIO alias SATO TOSHIO and NAKAJIMA TAGAHIRO alias YAMADA TAKAO, accused-appellants. ................................................2 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMEN LIM @ "MAMENG LIM", defendantappellant. ............................................................ 11 PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO PADICA y LORICA, LESLIE GANS y MELENDRES, FLORENTINO FABRIGAS, ROMEO PRADEZ, LEONARDO MARAJAS, LEOPOLDO MARAJAS and LEON MARAJAS, JR. y RAMOS, ** accused. LEON MARAJAS, JR. y RAMOS, accusedappellant. ............................................................ 15 KIDNAPPING AND FAILURE TO RETURN A MINOR ..... 22 PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. VICENTE TY and CARMEN TY, Accused-Appellants. 22 ABANDONMENT OF ONES VICTIM ........................... 26 ANTONIO A. LAMERA, Petitioner, vs. THE HONORABLE COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, Respondents. ....................... 26 GRAVE THREATS ...................................................... 29 G.R. Nos. L-21528 and L-21529 March 28, 1969 .................................................................... 29 ROSAURO REYES, Petitioner, vs. THE PEOPLE OF THE PHILIPPINES, Respondent. .................................... 29 RONNIE CALUAG, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent. .................................... 31 GRAVE COERCION .................................................... 34 JOSE "PEPITO" TIMONER, petitioner, vs. THE PEOPLE OF THE PHILIPPINES AND THE HONORABLE COURT OF APPEALS, IV DIVISION, respondents. .... 34 G.R. No. 90423 September 6, 1991 ........................ 36 FRANCIS LEE, petitioner, vs. COURT OF APPEALS, PEOPLE OF THE PHILIPPINES AND PELAGIA PANLINO DE CHIN, respondents. ......................................... 36 UNJUST VEXATION ................................................... 40 THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiffappellee, vs. PROCOPIO REYES, POLICARPIO NACANA, FLORENTINO CLEMENTE, HERMOGENES MALLARI, MARCELINO MALLARI, CASTOR ALIPIO, and RUFINO MATIAS, defendants-appellants. ....... 40
The foregoing scenarios were part of the script. With the obvious connivance of the police, they put the pressure on the complainant by demanding, allegedly for and in consideration of his release, the amount aforestated. Under the circumstances, with the threat of adverse publicity and imprisonment, it was easy to work on him. To show that they commiserated with him, they made it appear that they advanced the money to the police. We are, however, convinced that the accused-appellants never advanced the money. That is why they stuck to the complainant like "a leech," as vividly described by the trial court, after he was
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scalawags in our law enforcement agencies who may use their uniforms and their lawfully issued weapons as convenient shields or instruments for the perpetration of their evil deeds. Accordingly, We direct the Philippine National Police to conduct a thorough investigation, if none has been done so far, into the involvement of the five policemen of the Southern Police District and, should the evidence warrant, file the appropriate criminal and administrative cases against them. As regards Mr. Mitamura, if he is still in the Philippines, efforts must be exerted by the Bureau of Immigration and Deportation, in coordination with the National Bureau of Investigation, to have him investigated and prosecuted, should the evidence warrant. No alien should be allowed to abuse Philippine hospitality and make our country a happy hunting ground for his criminal activities. WHEREFORE, judgment is hereby rendered: 1. In G.R. No. 74630, AFFIRMING, subject to the above provision of Section 19(1) of Article III of the 1987 Constitution, the decision of the trial court in Criminal Case No. 86-45055, and 2. In G.R. No. 75576, DENYING, for lack of merit, the motion to reconsider the resolution of 20 January 1987. Costs against appellants. SO ORDERED. G.R. No. 86454 October 18, 1990 THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CARMEN LIM @ "MAMENG LIM", defendant-appellant. GUTIERREZ, JR., J.: This is an appeal from the decision of the Regional Trial Court of Masbate, Branch 46, the dispositive portion of which reads: xxx xxx xxx WHEREFORE, judgment is hereby rendered finding the accused Carmen Lim guilty beyond reasonable doubt of the crime charged and sentencing her to reclusion perpetua and to pay the costs. (Rollo, p. 22) The information filed against the accused and John Doe reads: xxx xxx xxx That on or about July 1, 1986, in the afternoon thereof, at Zurbito Street, Municipality of Masbate, Province of Masbate, Philippines, within the jurisdiction of this court, the said accused who are private persons conspired and mutually helped each other, did then and there willfully, unlawfully and feloniously kidnap Aida and Avelyn both minors and surnamed Villanueva; separating them from their parental care; Aida Villanueva was detained for about twenty (20) days in the house of Carmen Lim alias "Mameng" while Avelyn
The doctrine in the Akiran case is applicable here. Thus, even if the theory of Tomio is correct, it was not necessary for him and his co-accused Nakajima to deprive the complainant of his liberty to compel him to pay the alleged loan. We thus hold that upon the evidence adduced by the prosecution, the guilt of the accused for the crime charged was proven beyond reasonable doubt and the trial court committed no error in convicting them accordingly. In view, however, of Section 19(1) of Article III of the 1987 Constitution which abolishes the death penalty and provides that any death penalty already imposed shall be reduced to reclusion perpetua, the penalty imposed by the trial court is deemed reduced to reclusion perpetua. In the light of the foregoing, the motion of appellants dated 16 March 1987 to reconsider Our resolution of 29 January 1987 in G.R. No. 75576 must also be Denied for lack of merit. This should not, however, end the story of Mr. Nagao. As adverted to earlier, other parties, namely, Mr. Mitamura, a Japanese national, and the five policemen from the Southern Police District, could be deeply involved in the conspiracy to kidnap him for ransom. Our examination of the records fails to show that Mr. Mitamura and the policemen were investigated or prosecuted in connection with this case. This Court would be remiss in its duty if it were to close its eyes on this matter, more specifically on the alleged involvement of the policemen. Policemen are supposed to enforce the law, protect the people, and maintain peace and order. At the people's expense, they don the uniform of authority and are allowed to carry the instruments of legal violence. As such, they are bound to faithfully adhere to the Constitutional directive to be at all times accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency. 54 When they fail in that sacred duty and become the lawbreakers, they have no business staying a minute longer in their offices and wearing their uniforms. They deserve nothing but the severest criminal and administrative penalties the law provides. The people's taxes should never be used to maintain and support
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GRAVE THREATS
G.R. Nos. L-21528 and L-21529 March 28, 1969
ROSAURO REYES, Petitioner, vs. THE PEOPLE OF THE PHILIPPINES, Respondent. MAKALINTAL, J.: chanrobles virtual law library This case is before us on appeal by certiorari, from the decision of the Court of Appeals affirming that a the municipal court of Cavite City, convicting Rosauro Reyes of the crimes of grave threats and grave oral defamation, and sentencing him, in the first case (Criminal Case No. 2594), to four (4) months and ten (10) days of arresto mayor and to pay a fine of P300, with subsidiary imprisonment in case of insolvency; and in the second case (Criminal Case No. 2595), to an indeterminate penalty of from four (4) months of arresto mayor to one (1) year and eight (8) months of prison correccional and to pay Agustin Hallare the sum of P800 as moral damages, with costs in both cases.chanroblesvirtualawlibrary chanrobles virtual law library The petitioner herein, Rosauro Reyes, was a former civilian employee of the Navy Exchange, Sangley Point, Cavite City, whose services were terminated on May 6, 1961. In the afternoon of June 6, 1961, he led a group of about 20 to 30 persons in a demonstration staged in front of the main gate of the United States Naval Station at Sangley Point. They carried placards bearing statements such as, "Agustin, mamatay ka;" "To, alla boss con Nolan;" "Frank do not be a common funk;" "Agustin, mamamatay ka rin"; "Agustin, Nolan for you;" "Agustin alla bos con Nolan;" "Agustin, dillega, el dia di quida rin bo chiquiting;" and others. The base commander, Capt. McAllister, called up Col. Patricia Monzon, who as Philippine Military Liaison Officer at Sangley Point was in charge of preserving harmonious relations between personnel of the naval station and the civilian population of Cavite City. Capt. McAllister requested Col. Monzon to join him at the main gate of the base to meet the demonstrators. Col. Monzon went to the place and talked to Rosauro Reyes and one Luis Buenaventura upon learning that the demonstration was not directed against the naval station but against Agustin Hallare and a certain Frank Nolan for their having allegedly caused the dismissal of Rosauro Reyes from the Navy Exchange, Col. Monzon suggested to them to demonstrate in front of Hallare's residence, but they told him that they would like the people in the station to know how they felt about Hallare and Nolan. They assured him, however, that they did not intend to use violence, as "they just wanted to blow off steam." chanrobles virtual law library At that time Agustin Hallare was in his office inside the naval station. When he learned about the demonstration he became apprehensive about his safety, so he sought Col. Monzon's protection. The colonel thereupon escorted Hallare, his brother, and another person in going out of the station, using his (Monzon's) car for the purpose. Once outside, Col. Monzon purpose slowed down to accommodate the request of Reyes. He told Hallare to take a good look at the demonstrators and at the placards they were carrying. When the demonstrators saw
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Upon arraignment, the accused pleaded not guilty to both charges and the cases were set for joint trial. On the day of the hearing the prosecution moved to amend the information in Criminal Case No. 2594 for grave threats by deleting therefrom the word "orally". The defense counsel objected to the motion on the ground that the accused had already been arraigned on the original information and that the amendment "would affect materially the interest of the accused." Nevertheless, the amendment was allowed and the joint trial proceeded.chanroblesvirtualawlibrary chanrobles virtual law library From the judgment of conviction the accused appeal to the Court of Appeals, which returned a verdict of affirmance. A motion for reconsideration having been denied, the accused brought this appeal by certiorari.chanroblesvirtualawlibrary chanrobles virtual law library Petitioner avers that the Court of Appeals erred: (1) in affirming the proceedings in the lower court allowing the substantial amendment of the information for grave threats after petitioner had been arraigned on the original information; (2) in proceeding with the trial of the case of grave threats without first requiring petitioner to enter his plea on the amended information; (3) in convicting petitioner of both offenses when he could legally be convicted of only one offense, thereby putting him in jeopardy of being penalized twice for the same offense; (4) in convicting petitioner of grave threats when the evidence adduced and considered by the court tend to establish the offense of light threats only; and (5) in convicting petitioner of grave oral defamation when the evidence tend to establish that of simple slander only.chanroblesvirtualawlibrary chanrobles virtual law library On the first error assigned, the rule is that after the accused has pleaded the information may be amended as to all matters of form by leave and at the discretion of the court when the same can be done without prejudice to the rights of the defendant (Section 13, Rule 110, New Rules of Court). Amendments that touch upon matters of substance cannot be permitted after the plea is entered.chanroblesvirtualawlibrary chanrobles virtual law library After a careful consideration of the original information, we find that all the elements of the crime of grave threats as defined in Article 282 1 of the Revised Penal Code and penalized by its paragraph 2 were alleged therein namely: (1) that the offender threatened another person with the infliction upon his person of
BY: (SGD.) BUEN N. GUTIERREZ Special Counsel chanrobles virtual law library The undersigned complainant, after being duly sworn to an oath in accordance with law, accuses Rosauro Reyes of the crime of Grave Oral Defamation, as defined and penalized by Article 358 of the Revised Penal Code, committed as follows: chanrobles virtual law library That on or about June 6, 1961, in the City of Cavite, Republic of the Philippines and within the jurisdiction of this Honorable Court, the above named accused, without any justifiable motive but with the intention to cause dishonor, discredit and contempt to the undersigned complainant, in the presence of and within hearing of several persons, did then and there, willfully, unlawfully and feloniously utter to the undersigned complainant the following insulting and serious defamatory remarks, to wit: "AGUSIN, PUTANG INA MO". which if translated into English are as follows: "Agustin, Your mother is a whore."
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RONNIE CALUAG, vs. PEOPLE OF THE PHILIPPINES, Respondent. DECISION QUISUMBING, J.:
For review on certiorari are the Decision1 dated December 9, 2005 of the Court of Appeals in CA-G.R. CR No. 28707 and its Resolution2 dated February 15, 2006, denying reconsideration. The appellate court had affirmed the Decision3 dated August 3, 2004 of the Regional Trial Court (RTC) of Las Pias City, Branch 198, in Criminal Case No. 04-0183-84, which affirmed the Joint Decision4 dated January 28, 2004 of the Metropolitan Trial Court (MeTC) of Las Pias City, Branch 79, in Criminal Cases Nos. 47358 and 47381 finding petitioner Ronnie Caluag and Jesus Sentillas guilty of slight physical injuries and Ronnie Caluag guilty of grave threats. The factual antecedents of this case are as follows:
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GRAVE COERCION
G.R. No. L-62050 November 25, 1983 JOSE "PEPITO" TIMONER, petitioner, vs. THE PEOPLE OF THE PHILIPPINES AND THE HONORABLE COURT OF APPEALS, IV DIVISION, respondents. ESCOLIN, J.:+.wph!1 Petition for review of the affirmance in toto by the Court of Appeals, now the Intermediate Appellate Court, of the judgment of conviction handed down by the then Municipal Court of Daet, Camarines Norte, in Criminal Case No. 4281, entitled People of the Philippines vs. Jose Timoner, finding petitioner guilty of the crime of grave coercion, as follows: t.hqw
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MEDIALDEA, J.:p This is a petition for review on certiorari to set aside the decision of the Court of Appeals dated June 29, 1989 which reversed the decision of the Regional Trial Court (RTC), National Capital Judicial Region, Branch 129 at Caloocan City, Metro Manila, and
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UNJUST VEXATION
G.R. No. L-40577 August 23, 1934
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. PROCOPIO REYES, POLICARPIO NACANA, FLORENTINO CLEMENTE, HERMOGENES MALLARI, MARCELINO MALLARI, CASTOR ALIPIO, and RUFINO MATIAS, defendants-appellants. HULL, J.: Appellants were convicted in the Court of First Instance of Tarlac of a violation of article 133 of the Revised Penal Code, which reads: ART. 133. Offending the religious feelings.The penalty of arresto mayor in its maximum period to prision
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xxx xxx xxx chanrobles virtual law library Fernan, C.J., Gutierrez, Jr., Feliciano and Bidin, JJ., concur.
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