CHAPTER 5 – DRUGS
(COMPREHENSIVE DANGEROUS
DRUGS ACT OF 2002 (RA 9165)
A dangerous drug is a drug whose
use is attended by risk and therefore
is unsafe, perilous and hazardous to
people and society. A drug is any
substance, vegetable, mineral or
animal in origin, used in the
composition or preparation of
medicines or any substance used as
medicine.
The Dangerous Drugs Act of 1972,
include the following Dangerous
Drugs:
• Prohibited Drugs: (OCA-
HAO)
1. Opium and its active
components and
derivatives such as
heroine and morphine
2. Coca Leaf and its
derivatives, principally
cocaine
3. Alpha and beta eucaine,
hallucinogenic drugs such
as mescaline, (LSD) and
other substances
producing similar effects
4. Indian Hemp and its
derivatives
5. All preparations from any
of the foregoing and;
6. Other drugs whether
natural or synthetic with
the physiological effects of
a narcotic drug.
• Regulated Drugs (SHA)
1. Self-inducing sedatives.
Any drug which, contains
salt or a derivative of a salt
of barbituric acid.
2. Any salt, isomer or salt of
an isomer. Any drug which
3. A psychological
and physical
Dependence on
the effects of the
drug
4. A Detrimental
effect to the
society and to the
individual
B. Drug Habituation
(Mind)- is the desire
to have a continuous
use of the drug but
with the capacity to
refrain physically
from using it.
Characteristics of
Drug Habituation:
(PLIP)
1. The desire to use
the drug is not
compulsive but
merely Physical
2. There is Little or
no tendency to
increase the
dose.
3. The dependence
is not physical
but merely
Psychical
4. The detrimental
effect if any, is
primarily on the
Individual
Possession of Dangerous drugs –
Penalty of life imprisonment to death
and a fine ranging from Php 500k to
Php 10M for possession (depending
on the quantity p. 251, Legal
Medicine volume 1) regardless of
purity
6. Deliriants and Intoxicants
Drug Related Death is classified into
3 types: (PDS)
1. Primary Drug Fatality
– arises when death
is due to toxic or
adverse effect of the
dangerous drug with
or without
contributory
influences of
preexisting unrelated
natural disease
2. Secondary drug
fatality – death due
to medical
complications of
dangerous drug
abuse such as viral
hepatitis and
bacterial endocritis
3. Drug-related fatality
– death due to
homicidal, suicidal,
or accidental
violence directly or
indirectly related to
drug abuse
CASE: Jaime Dela Cruz vs People
of the Philippines
Facts: The petitioner, a police officer
was charged of violation of Sec. 15
of RA 9165. According to the
prosecution, the NBI received a
complaint from Corazon and Charito
that Ariel, who was the live-in partner
of Corazon and the son of Charito
was picked up by unknown persons
whom were believed to be police
officers for allegedly selling drugs.
After that, an errand boy came and
gave a phone number to the
complainants. During the call,
increases, leading to an
erection in men, and in
enlargement of the clitoris,
engorgement of the vaginal
walls and increased vaginal
secretions in women
3. Orgasm – is the peak or
climax of sexual excitement.
In men, semen ejaculates
from the penis. In women, the
muscles surrounding the
vagina contracts rhythmically.
4. Resolution – A sense of well
being and general muscular
relaxation follows orgasm.
Sexual Dysfunctions:
A. As to choice of sexual
partners
1. Homosexual – The sexual
desire is toward the same
sex. (sexual orientation).
2 kinds of Homosexuals:
a. Overt – Persons who
are conscious of their
homosexual cravings
and who makes no
attempt to disguise
their intention. They
make advances
towards members of
their own sex openly.
b. Latent – Persons who
may or may not be
aware of the tendency
in that direction but are
nevertheless incline to
repress the urge to give
way to their
homosexual yearning.
2. Infanto Sexual – the
sexual desire is towards
minors. Pedophilia
3. Besto Sexual – A sexual
desire towards animals
4. Narcissism – A person has
extreme admiration and
love of ones self. Sexual
gratification is attained by
looking at the mirror and
appreciating hiss own self
Body parts to be examined to
determine virginity:
1. Breast
2. Vaginal canal- Generally in
virgins, the vaginal canal is
tight and the rugosities are
sharp and prominent
3. Labia Majora and Labia
Minora
4. Fourchette
5. Hymen
*Defloration – this is the laceration or
rupture of the hymen, as a result of
sexual intercourse.
Parts of the genitalia to be examined
to determine defloration:
1. Pudendum – also called the
vulca.
2. Fourchette – the fold of skin
about one inch from the anus,
forming the posterior margin
of the vulva.
3. Vaginal canal
4. Hymen
Duration of Hymenal Laceration:
1. Fresh bleeding laceration –
the laceration is of recent
origin
2. Fresh healing – usually occurs
after 24 hours to 4 days
3. Healed laceration with
congested edges and with
sharp coaptsble borders –
recently healed laceration (4-
10 days)
4. Healed laceration with sharp
coaptible borders without
congestion (11-30 days)
smelling. Rosario was brought and
confined to Olongapo City general
Hospital. An OB-Gyne tried to
remove the object inside her vagina
using forceps but failed because it
was deeply embedded and covered
by tissues. She was having
peritonitis. She told the attending
physician that a Negro inserted the
object to her vagina 3 months ago.
Ritter was made liable for rape with
homicide. RTC found him guilty of
rape with homicide.
ISSUE: W/N Ritter was liable for
rape and homicide
HELD: No. The prosecution failed to
prove that Rosario was only 12 years
old when the incident with Ritter
happened. And that Rosario
prostituted herself even at the tender
age. As evidence, she received 300
from Ritter the following morning. A
doctor/specialist also testified that
the inserted object in the vagina of
Rosario Baluyot by Ritter was
different from that which caused her
death. Rosario herself said to Jessie
the following day that the object has
been removed already. She also told
the doctor that a Negro inserted it to
her vagina 3 months ago. Ritter was
a Caucasian.
However, it does not exempt him for
the moral and exemplary damages
he must award to the victim’s heirs. It
does not necessarily follow that the
appellant is also free from civil
liability which is impliedly instituted
with the criminal action. Ritter was
deported.
some thing that will relieve the
discomfort caused by an
obsession.
7. Post traumatic stress disorder
– This is an anxiety disorder
caused by exposure to an
overwhelming traumatic
event, in which the person
later repeatedly re-
experiences the event.
8. Depression and Mania –
these disorders represents the
two major poles of mood
disorders.
9. Bipolar disorder – also called
as manic depressive illness.
Condition in which periods of
depression alternate with
periods of mania or lesser
degrees of excitement.
10. Suicidal behavior- the final act
in the course of self
destruction
11. Eating disorders:
a. Anorexia
b. Bulimia
c. Binge eating disorder
12. Personality disorder
*Narcissistic personality
*Anti-social personality
13. Dissociative disorders
a. Dissociative Amnesia
b. Dissociative Fugue
c. Dissociative Identity
Disorder
14. Schizophrenia – symptoms
must persist for at least 6
mos.
15. Delusional Disorder
16. Psychological Incapacity
Some manifestations of mental
disorders:
1. Disorders of cognition
(knowing)
started attacking Vicente with a long
bolo (panabas) without any reason.
While Vicente was able to escape
Umawid's blows, the latter
nevertheless hit Maureen on her
abdomen and back, causing her
instant death. Upon seeing Maureen
bloodied, Umawid walked away.
Thereafter, Umawid went to a nearby
house which was only five meters
away from Vicente's house where his
nephew, Jeffrey Mercado, was
sleeping. Awaken by the sudden
noise, Jeffrey went outside only to
see his uncle rushing to attack him
with his panabas.
Jeffrey, along with his sister and
cousin, rushed inside the house to
seek for safety. However, Umawid
was able to prevent Jeffrey from
closing the door and the former
barge into the house. Jeffrey
crouched and covered his head with
his arms to shield him from
Umawid's impending attacks.
Umawid delivered fatal hacking
blows to Jeffrey, causing the
mutilation of the latter's fingers.
Umawid only stopped upon seing
Jeffrey, who was then pretending to
be dead, leaning on the wall and
blood-stained.
In court, Umawid set up the defense
of insanity, but did not, however, take
the witness stand to attest the same.
Instead, he presented the
testimonies of Dr. Arthur M. Quincina
and Dr. Leonor Andres Juliana to
support his claim. Dr. Quincina
testifies that he evaluated Umawid's
psychiatric condition in May 2002,
February 2003, and on March 2003
In this case, Umawid relied solely on
the defense of Dr. Quincina and Dr.
Juliana to support his claim of
insanity. However, Dr. Quincina only
examined Umawid six months before
he committed the crime and three
months and four months thereafter.
Her findings as she admitted did not
include Umawid's mental disposition
immediately before or during the
commission of the crimes. Also,
given that Dr. Juliana failed to testify
in favor of the accused, Umawid's
defense of insanity remained
unsubstiantiated, hence, he was
properly adjudged by the RTC and
CA as criminally liable.
CHAPTER 8 – FORENSIC DNA
EVIDENCE
Assessment of probative value of
DNA evidence:
In assessing the probative value of
the DNA evidence presented, the
court shall consider the following:
1. Chain of Custody
2. Methodology
3. Accreditation or
competence of the laboratory
4. Reliability of the testing
results
Case: June De Villa vs The Director,
New Bilibid Prisons
Facts: This is a petition for the
issuance of a writ of habeas corpus
under Rule 102 of the Rules of
Court. Petitioner Reynaldo de Villa,
joined by his son, petitioner-relator
June de Villa, seeks a two-fold relief:
First, that respondent Director of
victim's child, Leahlyn. Thus,
petitioner's brief in People v. de Villa
sought the conduct of a blood type
test and DNA test in order to
determine the paternity of the child
allegedly conceived as a result of
the rape.12 This relief was implicitly
denied in our Decision of February
21, 2001. Petitioner-relator was
undaunted by these challenges.
Having been informed that DNA tests
required a sample that could be
extracted from saliva, petitioner-
relator asked Billy Joe de Villa,
a grandson of Reynaldo de Villa and
a classmate of Leahlyn Mendoza, to
ask Leahlyn to spit into a new,
sterile cup. 16Leahlyn readily agreed
and did so. Billy Joe took the sample
home and gave it to the petitioner-
relator, who immediately labeled the
cup as "Container A."
After testing, the
DNA Laboratory rendered a 1. The Eye test
preliminary report on March 21,2003,
which showed that Reynaldo de Villa
could not have sired Leahlyn due to
the absence of a match between the
pertinent genetic markers. Hence,
this instant petition.
Issue: Was the DNA result a valid
basis for habeas corpus and new
trial?
Ruling: No. Dismissed for lack of
merit. Although the DNA evidence
was undoubtedly discovered after
the trial, we nonetheless find that it
does not meet the criteria for “newly
discovered evidence” that would
merit a new trial.
heirs of a victim of a breach of
contract of carriage should be
computed on the basis of the life
expectancy of the deceased, and not
that of the beneficiary.
Doctrine: Under Art. 1764 and
Article 22016 (1) of the Civil Code,
the award of damages for death is
computed on the basis of the life
expectancy of the deceased not the
beneficiary
CHAPTER 10 – EXHUMATION AND
AUTOPSY
Exhumation or disinterment is the
digging up of a buried body, and is
generally considered sacrilege or
taboo, by most cultures that bury
their dead, except under the
following circumstances:
a. The court may order
the exhumation of the
dead for the proper
administration of justice
b. Whenever the solicitor
general, provincial or
city fiscal as authorized
by existing laws, shall
deem it necessary (to
determine the cause of
death
c. Whenever the nearest
kin shall request in
writing the authorities
concerned to ascertain
the cause of death
Autopsy – to determine the cause
and manner of death and to evaluate
any disease or injury that may be
present
Purpose: The principal aim of an
autopsy is to determine the cause of
death, the state of health of the
person before he or she died, and
properties. · Northern Motors Inc.
filed a counter bond for the release
of the disputed properties. However,
efforts to recover these properties
proved futile as Leisure Club Inc.
was never heard of again. · For
failure to appear in the pre-trial of the
case, Leisure Club, Inc. was
declared non-suited. Northern
Motors Inc. presented its evidence
ex-parte and the lower court
rendered its decision in favor of
Northern Motors Inc. · Northern
Motors Inc. filed a "Motion for
Issuance of Writ of Execution
Against Bond of Plaintiff's Surety"
which was treated by the lower court
as an application for damages
against the replevin bond. · At the
hearing of the said motion as well as
the opposition thereto filed by
Stronghold Insurance Co., Inc.,
Northern Motors Inc. presented one
witness in the person of its former
manager Clarissa G. Ocampo,
whose testimony proved that: · (a)
Northern Motors Inc., and Macronics
Marketing entered into a leased
agreement wherein the latter leased
certain premises from the former. ·
(b) Macronics failed to pay its bills to
Northern Motors Inc., so the latter
was forced to terminate the lease. ·
(c) Because of Macronics' unpaid
liabilities to Northern Motors Inc., the
latter was forced to sell off the
former's properties in an auction sale
wherein Northern Motors Inc. was
the buyer. Macronics was duly
notified of the sale. · (d) These
properties sold were the sole means
available by which Northern Motors
Inc. could enforce its claim against
Macronics. · Stronghold Insurance
Co., Inc. did not cross-examine the
said witness. Instead it asked for
1986 and filed the motion for
execution against the bond on July 3,
1986. Hence, with respect to the
defendant the motion against the
bond was filed before any appeal
was instituted and definitely on or
before the judgment became final. ·
Although the claim against the bond
was denominated as a motion for
issuance of a writ of execution, the
allegations are to the effect that the
defendant is applying for damages
against the bond. In fact, the
defendant invokes Sec. 10, Rule 60,
in relation to Sec. 20, Rule 57, Rules
of Court. Evidently, therefore, the
defendant is in reality claiming
damages against the bond. · It is
undisputed that the replevin bond
was obtained by the plaintiff to
answer for whatever damages the
defendant may suffer for the
wrongful issuance of the writ. By
virtue of the writ, the plaintiff took
possession of the auctioned
properties. Despite a redelivery bond
issued by the defendant, the plaintiff
refused to return the properties and
in the fact repossessed the same.
Clearly, defendant suffered damages
by reason of the wrongful replevin, in
that it has been deprived of the
properties upon which it was entitled
to enforce its claim. Moreover, the
extent of the damages has been
qualified in the decision dated June
9, 1986. · CA affirmed the Order.
Hence, this petition.
ISSUE: WON Northern Motors is
entitled for damages against the
surety
HELD : In the case of Visayan
Surety & Insurance Corp. vs.
Pascual, the Court explained the
that as correctly observed by the
Court of Appeals, the record shows
that the same is supported by
sufficient evidence. Northern Motors
proved the damages it suffered thru
evidence presented in the hearing of
the case itself and in the hearing of
its motion for execution against the
replevin bond. No evidence to the
contrary was presented by
Stronghold Insurance Co., Inc. in its
behalf. It did not impugn said award
of exemplary damages and
attorney's fees despite having every
opportunity to do so. · As correctly
held by respondent Court of Appeals
Stronghold Insurance, Inc. has no
ground to assail the awards against it
in the disputed Order. Unless it has a
new defense, it cannot simplistically
dissociate itself from Leisure Club,
Inc. and disclaim liability vis-a-vis the
findings made in the Decision of the
lower court dated June 9, 1986.
Under Section 2, Rule 60 the bond it
filed is to ensure "the return of the
property to the defendant if the return
thereof be adjudged, and for the
payment to the defendant of such
sum as he may recover from the
plaintiff in the action." The bond itself
ensures, inter alia, "the payment of
such sum as may in the cause be
recovered against the plaintiff and
the cost of the action." (pp. 24-25,
Rollo) · Beside, Leisure Club Inc.'s
act of filing a replevin suit without the
intention of prosecuting the same but
for the mere purpose of disappearing
with the provisionally recovered
property in order to evade lawfully
contracted obligations constitutes a
wanton, fraudulent, reckless,
oppressive and malevolent breach of
contract which justifies award of
Medical science discloses that,
Genetics and Environment work
together to encourage violent
behavior.
Brain-imaging studies have
documented impairments in
offenders. Murderers for instance,
tend to have poorer functioning in the
prefrontal cortex—the “guardian
angel” that keeps the breaks on
impulsive, disinhibited behavior and
volatile emotions.
Irresistible Impulse Test (Parsons vs
State) “the duress of such mental
disease that he had… lost the lowe
to choose between right and wrong”
Scans revealed a distinct lack of
activation in the ventral prefrontal
cortex- the brain region that helps
regulate emotions and control
impulses
Personality disorders and traits:
Attention Deficit Hyperactivity
Disorder (ADHD), Conduct Disorder
(CD), Oppositional Defiance Disorder
(ODD)
M’Naghten test is a rule for criminal
insanity
Mens Rea- the mental state or mens
rea is the person’s guilty state of
mind when committing the act.
Aristotel Valenzuela vs People of the
Philippines and CA (crime of
consummated theft)
Petitioners, Aristotel Valenzuela and
Jovy Calderon was charged with the
crime of theft. On May 19, 1994 at
around 4:30pm petitioner and
produces a physiological
action similar to
amphetamine, and
3. Hypnotic drugs, or any
other compound producing
similar physiologic effects
Drug Dependence – a cluster of
physiological, behavioral and
cognitive phenomena of variable
intensity, in which the use of
psychoactive drug takes on a high
priority thereby involving, among
others a strong desire or a sense of
compulsion to take the substance
and the difficulties in controlling
substance- taking behavior in terms
of its onset, termination, or levels of
use.
Two classes of Drug Dependence:
A. Drug Addiction –
(Both mind and
body) A state of
periodic or chronic
intoxication
produced by the
repeated
consumption of a
drug, whether
synthetic or natural
and found to be
detrimental to the
individual.
Characteristics of
Drug Addiction:
(DIDD)
1. An overpowering
Desire or need to
continue taking
the drug or obtain
it by any means.
2. A tendency to
Increase the
dose
*Based on discussion, 50 grams of
shabu and 500 grams of Marijuana-
Life imprisonment
The legal meaning of possession: 3
requisites OA2
1. There is
Occupancy
2. There is
Apprehension
3. The taking be
with intent to
possess
otherwise known
as Animus
Possedendi
*The term possession includes
“Constructive Possession”
1st offense – minimum of 6 months
rehabilitation
Chain of Custody Rule - the custody
and disposition of confiscated,
seized and or surrendered
dangerous drugs, Plant Sources of
dangerous drugs, controlled
precursors and essential chemicals,
instruments/paraphernalia and or
laboratory equipment – the PDEA
shall take charge and have custody
of all dangerous drugs, plant sources
and of dangerous drugs, controlled
precursors and essential chemicals,
as well as instruments paraphernalia
and laboratory equipment so
confiscated, seized and or
surrendered, for proper disposition.
Pharmacologic Classification of
Dangerous Drugs:
1. Hypnotics
2. Sedatives and Tranquilizers
3. Hallucinogens and
Psychomimetics
4. Stimulants
5. Depressants
complainants were instructed to go
to Gorondo Police Office wherein
they met James who demanded
money worth Php 100k which was
lowered to Php 40k in exchange of
the release of Ariel. After the meeting
they went to the NBI to file the
complaint. Thus, the NBI conducted
an entrapment operation. During the
course of the entrapment, the
officers were able to nab Jaime Dela
Cruz by using a pre-marked 500 bill
dusted with fluorescent powder
which was made part of the amount
demanded by James and and
handed by Corazon. After that,
petitioner was required to submit his
urine for drug testing which produced
a positive result for having presence
of dangerous drug. However,
petitioner denied the charge against
him.
Issue: WON the drug test conducted
upon the petitioner was legal
Held: No. The drug test can be
made upon persons who were
apprehended or arrested under the
situations listed in Art. 2 of RA 9165.
It must be noted that the accused
was arrested in the alleged act of
extortion
CHAPTER 6 – SEXUAL
DYSFUNCTIONS AND SEXUAL
CRIMES
Sexual Response has four stages:
(DAOR)
1. Desire – That ardent wish to
engage in sexual activity. It
may be triggered by thoughts
or verbal and visual
suggestions
2. Arousal – The state of sexual
excitement. During arousal,
blood flow to the genital area
4. Auto Sexual – It is a form
of sexual self-gratification
(masturbation)
5. Gerontophilia – the sexual
desire with elder persons
6. Necrophilia – the sexual
perversion characterized
by erotic desire or coitus
with a cadaver
7. Incest – sexual relations
between persons who are
relatives by blood
relationship [Lannisters!!!]
B. As to instinctual strength of
the sexual urge
1. Over sex – Satyriasis in
men, Nymphomania in
women
2. Under sex or sexual
frigidity
C. As to the mode of sexual
expression
1. Oralism – The use of the
mouth as a way of sexual
gratification.
a. Fellatio
b. Cunnilingus
c. Analism
2. Sado-masochism – pain or
cruel acts are inflicted on
the sexual partner for
sexual gratification [50
shades]
a. Sadism
b. Masochism
3. Fetishism – is the sexual
perversion wherein the
real or fantasized
presence of an object or
bodily part is necessary for
sexual stimulation and or
gratification
a. Anatomic
b. Clothing
c. Necrophilic
d. Odor
5. Healed laceration with
rounded non-coaptible
borders and retraction of the
edges (after one month)
Death related to the sexual
act:
1. Death of the male partner
2. Death of the female
partner
3. Death of both partners
Sex crimes in the RPC:
A. Rape
B. Carnal Knowledge
C. Seduction
D. Acts of lasciviousness
E. Acts of lasciviousness with the
consent of the offended party
F. Abduction
G. Adultery
H. Concubinage
I. Bigamy
J. Marriage contracted against
the provisions of law
K. Premature marriage
L. Performance of illegal
marriage ceremony
M. Prostitution
CASES: People of the Philippines
vs Heinrich S. Ritter
FACTS: On or about October 10,
1986, Ritter brought Jessie Ramirez
and Rosario Baluyot in a hotel room
in Olongapo. Ritter masturbated
Jessie and fingered Rosario.
Afterwards, he inserted a foreign
object to the vagina of Rosario. The
next morning, Ritter gave Jessie 200,
and Rosario 300. Rosario told Jessie
that Ritter inserted an object inside
her vagina. Sometime the following
day, Rosario said that the object has
already been removed from her
vagina. On May 14, 1987, Alcantara
saw Rosario with bloody skirt, foul
Ruby Vera-Neri vs People of the
Philippines and CA
Maria Victoria B. Ventura vs Atty.
Danilo Samson
CHAPTER 7 – MENTAL HEALTH
DISORDERS
Mental Health disorders include
disturbances in thinking, emotion and
behavior. There is a complex
interaction between the physical,
psychological, social, cultural and
hereditary influences, in maintaining
good mental health.
Some factors that contribute to the
development of Mental disorders:
1. Hereditary
2. Incestuous Marriage
3. Impaired Vitality
4. Poor moral training and
breeding
5. Psychic factors
6. Physical Factors
Kinds of mental health disorders:
1. Psychosomatic disorders –
often been employed to
physical disorders caused by
psychological disorders
2. Somatoform disorders
3. Generalized anxiety disorders
– consist of excessive, almost
daily anxiety and worry lasting
six (6) months or longer
4. Panic attacks and panic
disorder
5. Phobic disorders –this anxiety
involves persistent,
unrealistic, intense anxiety in
response to specific external
situations
6. Obsessive-compulsive
disorder – Obsessions. An
urge or compulsion to do
a. Illusion
b. Hallucination
2. Disorders of Memory
a. Dementia
3. Amnesia
The following are the distinctions
between true and false insanity:
Classification of mental deficiency:
1. Idiot – the idiot’s intelligence
never exceeds that of a
normal child over 2 years old.
This is usually congenital. An
idiot is usually deficient in
intelligence, will power and
emotion.
2. Imbecile – intelligence
compared to a normal child
from 2-7 years old and the IQ
is only 20-40
3. Feeble minded – his mentality
is similar to that of a normal
child between 7-12 years old.
IQ is 40-70
4. Moron – A feeble minded
person with a higher IQ than
that of an imbecile
5. Morally defective – he is
devoid of moral sense and
adheres to the hedonistic
principle of “live today for
tomorrow we die”
Malingerer: a person who pretends
or protracts illness or injury to
escape work or duty
Case: People of the Philippines vs
Roger Ringor Umawid
Facts: On November 26, 2002 at
around 4 o'clock in the afternoon,
Vicente Ringor was staying with his
two-year old granddaughter,
Maureen Joy Ringor, at the terrace
of their house located at Villanueva,
San Manuel, Isabela. Suddenly,
Roger Ringor Umawid appeared and
and found that the latter was evident
od psychotic symptoms. However,
he could not tell with certainty
whether Umawid was psychotic at
the time of the commission of the
crimes. On the other hand, Dr.
Juliana failed to testify on Umawid's
mental stare since she merely
referred the latter to another doctor
for further evaluation.
Issue:
Whether or not the accused is
exempted from criminal liablity due to
insanity?
Ruling:
No. Under Article 12 of the RPC:
Article 12. Circumstances which
exempt from criminal liabity - The
following are exempt from criminal
liability:
1. An imbecile or an insane person,
unless the latter has acted during a
lucid interval.
The defense of insanity is in the
nature of confession and avoidance
because an accused invoking the
same admits to have committed the
crime but claims that he or she is not
guilty because of insanity. The
presumption is in favor of sanity,
anyone who pleads the said defense
bears the burden of proving it with
clear and convincing evidence.
Considering the case, the evidence
must relate to the time immediately
before or during the commission of
the offense/s with which one is
charged. Also, to support the
defense of insanity, it must be shown
that the accused had no full and
clear understanding of the nature
and consequences of his or her acts.
Prisons justify the basis for the
imprisonment of petitioner Reynaldo
de Villa; and second, that petitioner
be granted a new trial.
In People of the Philippines v.
Reynaldo de Villa, the trial
court found petitioner guilty of the
rape of Aileen Mendoza, his niece by
affinity; sentenced him to suffer the
penalty of reclusion perpetua. During
the trial, the prosecution established
that sometime in the third week of
April 1994, at about 10:00 in the
morning, Aileen Mendoza woke up to
find petitioner on top of her. She was
unable to shout for help because
petitioner covered her mouth with a
pillow and threatened to kill her.
Aileen could not do anything but cry.
This encounter allegedly resulted in
Aileen's pregnancy, which was
noticed by her mother, Leonila
Mendoza, sometime in November
1994. When confronted by her
mother, Aileen revealed that
petitioner raped her. Aileen's parents
then brought her to the Pasig
Police Station, where they lodged a
criminal complaint against petitioner.
On automatic review, we found that
the date of birth of Aileen's child was
medically consistent with the time of
the rape.
Three years after the
promulgation of our Decision, we are
once more faced with the question of
Reynaldo de Villa's guilt or
innocence. Petitioner-relator in this
case, June de Villa, is the son of
Reynaldo. He alleges that during the
trial of the case, he was unaware
that there was a scientific test that
could determine once and for all
ifReynaldo was the father of the
CHAPTER 9 – VEHICULAR
ACCIDENTS
A vehicular accident by medicolegal
definition, is an unexpected,
unforeseen happening by chance. It
is not planned, certain and
premeditated or designed.
Road accident types:
1. Head on collision
2. Run off road collision
3. Rear end collision
4. Side collision
5. Rollover collision
6. Single vehicle crash
Sea accidents
Motorcycle accidents
Under RA 10586 the following
field sobriety tests shall be done to
initially assess and determine alcohol
or drug intoxication:
2. The walk and turn test
3. The one leg stand test
Airplane crashes
Case: PAL vs CA
Summary: Nicanor Padilla died in a
plane crash on board a Philippine
Airlines flight. The trial court and CA
awarded Natividad Padilla, his
mother and only legal heir, indemnity
using Nicanor’s life expectancy as
basis. PAL contends that the CA
erred in computing the awarded
indemnity on the basis of life
expectancy of Nicanor rather than
the life expectancy of Natividad. It
argued that in the controlling element
in determining loss of earnings
arising from death is the life
expectancy of the deceased or of the
beneficiary, whichever is shorter.
The SC held that indemnity to the
whether any medical diagnosis and
treatment before death was
appropriate.
Types of Autopsies:
• Forensic or coroner’s
autopsies seek to find the
cause and manner of death
and to identify the decedent.
o Natural
o Accident
o Murder
o Homicide
o Suicide
o Undetermined
• Clinical or academic autopsies
are performed for research
purposes.
Death certificate: conclusive
evidence only as to the fact of death
of the deceased
Case: Stronghold insurance
company vs CA
FACTS: Petitioner: Stronghold
Insurance Respondent: Court of
Appeals, Northern Motors, Inc. ·
Leisure Club, Inc. filed civil case
against Northern Motors Inc. for
replevin and damages. It sought the
recovery of certain office pieces of
furniture and equipments. The lower
court ordered the delivery of subject
properties to Leisure Club Inc.
subject to the posting of the requisite
bond under Section 2, Rule 60 of the
Rules of Court. Accordingly, Leisure
Club Inc. posted a replevin bond
issued by Stronghold Insurance Co.,
Inc. In due course, the lower court
issued the writ of replevin, thereby
enabling Leisure Club Inc. to take
possession of the disputed
continuance in order to present its
own witness. Stronghold, however,
never presented any witness. · The
lower court issued its now disputed
Order finding Stronghold liable under
its surety bond for the damages
awarded to Northern Motors Inc. ·
The thrust of the opposition of the
bonding company is to the effect that
the motion for a writ of execution is
not the proper remedy but an
application against the bond should
have been the remedy pursued. The
surety company contends that it is
not a party to the case and that the
decision clearly became final and
executory and, therefore, is no
longer liable on the bond. The surety
company likewise raised the issue as
to when the decision became final
and executory. Moreover, the surety
company avers that the defendant
failed to prove any damage by
reason of the insurance of replevin
bond. · Sec. 20 of Rule 57, in
relation to Sec. 10 of Rule 60,
provides that the party against whom
the bond was issued may recover on
the bond for any damage resulting
from the issuance of the bond upon
application and hearing. The
application must be filed either:
before trial; before appeal is
perfected; before judgment becomes
final and executory. · Being the
prevailing party, it is undeniable that
the defendant is entitled to recover
against the bond. The application for
that propose was made before the
decision became final and before the
appeal was perfected. Both the
prevailing and losing parties may
appeal the decision. In the case of
the plaintiff appears that its counsel
did not claim the decision which was
sent by registered mail on June 20,
nature of the proceedings to recover
damages against a surety, in this
wise: · In such case, upon
application of the prevailing party,
the court must order the surety to
show cause why the bond should not
respond for the judgment of
damages. If the surety should
contest the reality or reasonableness
of the damages claimed by the
prevailing party, the court must set
the application and answer for
hearing. The hearing will be
summary and will be limited to such
new defense, not previously set up
by the principal, as the surety may
allege and offer to prove. ·
Stronghold Insurance Co., Inc.,
never denied that it issued a replevin
bond. Under the terms of the said
bond, Stronghold Insurance together
with Leisure Club Inc. solidarily
bound themselves in the sum of
P42,000 — · (a) for the
prosecution of the action, · (b) for
the return of the property to the
defendant if the return thereof be
adjudged, and · (c) for the payment
of such sum as may in the cause be
recovered against the plaintiff and
the costs of the action. · In the case
at bar, all the necessary conditions
for proceeding against the bond are
present, to wit: · (i) the plaintiff a
quo, in bad faith, failed to prosecute
the action, and after relieving the
property, it promptly disappeared; ·
(ii) the subject property disappeared
with the plaintiff, despite a court
order for their return; and · (iii) a
reasonable sum was adjudged to be
due to respondent, by way of actual
and exemplary damages, attorney's
fees and costs of suit. · On the
propriety of the award for damages
and attorney's fees, suffice it to state,
exemplary damages under Art. 2232
of the Civil Code.
CHAPTER 11 – HANDING OF THE
EVIDENCE
Helpful hints to safeguard the chain
of custody:
1. Limit the number of individuals
handling evidence
2. Confirm that all names,
identification numbers, and
dates are listed on the chain
of custody documents
3. Ensure that all evidence
packaging is properly sealed
and marked prior to
submission
4. Obtain signed or otherwise
secure receipts upon transfer
of evidence.
The importance of avoiding cross
contamination can not be
overemphasized.
Evidence even if not formally offered,
may be admitted and considered by
the trial court.
The foundation
In law, a foundation is sufficient
preliminary evidence of the
authenticity and Relevance for the
admission of material evidence in the
form Of exhibits or testimony of
witnesses. Material evidence is
important evidence that may serve to
determine the outcome of a case.
Microbial forensic evidence
CHAPTER 12 – THE CRIMINAL
MIND
Calderon were sighted outside the
super sale club, a supermarket within
the ShoeMart (SM) complex along
North Edsa, by Lorenzo Lago, a
security guard who was manning his
post at the open parking area of the
supermarket. Lago saw petitioner
who was wearing an identification
card with the mark “Receiving
Dispatching Uni”t hauling a push cart
with cases of detergent of the well
known “Tide” brand.
For a crime to exist in our legal law, it
is not enough that mens rea be
shown; there must also be an actus
reus. A final ruling by the Court that
there is no crime of frustrated theft in
this jurisdiction will not lead to
scholastic pariah. “in theft or robbery
the crime is consummated after the
accused had material possession of
the thing with intent to appropriate
the same, although his act of making
use of the thing was frustrated”.
There us no crime of frustrated theft