Intestate Estate of Manolita Gonzales Vda de
Carungcong, represented by Mediatrix Carungcong vs.
People of the Philippines and William Sato
Topic: Absolutory cause
Facts:
- William Sato, through fraudulent mirepresentations,
was able to secure the signature and thumbmark of
Mediatrix G. Carungcongs deceased mother on a
Special Power of Attorny whereby Mediatrixs niece
Wendy Mitsuko Sato, who was only twenty years
old, was made her attorney-in-fact (attorney-in-fact:
a person who is authorized to perform business-
related transactions on behalf of someone else) , to
sell and dispose four valuable pieces of land in
Tagaytay City.
- William Sato told her that the documents she was
being made to sign involved her taxes. At that time,
Manolita (the mother) was completely blind.
- Estafa was filed against her brother-in-law, William
Sato
- Sato moved for the quashal information claiming
that under Article 332 of the Revised Penal Code, his
relationship to the person allegedly defrauded, the
deceased Manolita Gonzales Vda de Carungcong who
was his mother-in-law, was an exempting
circumstance.
- Article 332 of the Revised Penal Code states that:
Art. 332 - Persons exempt from criminal liability.
No criminal, but only civil liability shall result from
the commission of the crime of theft, swindling, or
malicious mischief committed or caused mutually by
the following persons:
1)Spouses, ascendants and
descendant, or relatives by affinity in
the same line;
2)The widowed spouse with respect
to the property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
3) Brothers and sisters and brothers-
in-law and sisters-in-law, if living
together.
The exemption established by this article
shall not be applicable to strangers
participating in the commission of the crime.
- It is clear that the exemption from criminal
liability for the crime swindling (estafa)
under Article 315 of the Revised Penal Code
applied to Sato, as son-in-law of Manolita,
they being relatives by affinity in the same
line under Article 332 (1) of the same code.
(*Article 315 elements of estafa)
- The Solicitor General maintains that Sato is
covered by the exemption from criminal
liability provided under Article 332. Nothing
in the law and jurisprudence supports
Mediatrixs claim that Zenaidas (sister of
Mediatrix/wife of William) death dissolved
 the relationship by affinity between Sato and
Manolita.
Issue:
- WON William Sato can avail of the absolutory cause
under Article 332 of the Revised Penal Code in his
favor.
Held:
- No. Article 332 provides and absolutory cause in the
crime of theft, estafa (or swindling) and malicious
mischief. It limits the responsibility of the offender
to civil liability and frees him from criminal liability
by virtue of his relationship to the offended party.
Though there is nothing in the law and
jurisprudence that supports Mediatrixs claim that
Zenaidas death dissolved the relationship by
affinity, the coverage of Article 332 is limited only to
crimes of theft, swindling and malicious mischief. It
does not where any of the crimes mentioned under
Article 332 is complexed with another crime, such as
theft through falsification or estafa through
falsification.
- Sato is being charged not with simple estafa but with
complex crime of estafra through falsification of
public documents because he induced Monalita to
sign and thumbmark the document and that he
made Manolita believe that the document was in
connection with her taxes when it was in fact an
SPA, and he sold properties to third parties.
The People of the Philippine Islands vs. Kiichi Omine,
Eduardo Autor, Luis Ladion, and Agapito Cortesano
Topic: By induction
Facts:
- Kiichi Omine asked Angel Pulido for
permission to open a new road through the
plantation
- Angel Pulido noticed that hemp plants had
been destroyed.
- Angered by the destruction of the hemp
plants, Angel Pulido along with his son
Hilario and Saito Paton and Barabadan went
to the house of Kiichi Omine, Eduardo Autor,
Luis Laidon and Agapito Cortesano who had
just finished their supper.
- There was a conflict and the witnesses
contend that while Angel Pulido was talking
to Omine, Eduardo Autor attempted to
intervene but was prevented by Hilario
Pulido.
- Eduardo Autor then attacked Hilario Pulido
with a bolo but did not wound him except on
the left thumb.
- Luis Ladion and Agaptio Cortesano then held
Angel Pulido by the arms and when Eduardo
Autor approached, Omine shouted to him
pegale y matale and Autor struck Angel
Pulido in the breast with his bolo.
o pegale y matale hit him and kill him
 - Luis Ladion and Agapito Cortesano ran away
before Eduardo Autor wounded Angel Pulido.
Issue:
- WON the words uttered by Kiichi Omine
would be sufficient to make him a principal
by induction.
Held:
- No. According to the witnesses, Hilario Pulido
and Eduardo had already struck each other in
the face with their fists, and Eduardo Autor
had received a blow in the right eye, and then
struck Hilario Pulido with his bolo. Angel
Pulido would naturally intervene in the fight
between his son and Eduardo Autor, and if he
did so, Autor, who had already drawn his
bolo would strike him without the need of
any inducement.
- Eduardo Autor had already other reasons for
striking Angel Pulido when Omine is alleged
to have uttered the words of inducement. The
words were not sufficient to cause Eduardo
Autor to strike the offended party with his
bolo.
People of the Philippines vs. Alfonso Balgos
Topic: Rape of child below 7
Facts:
- On October 8, 1995 at around 2:00 oclock in
the afternoon, Criselle Fuentes a 6 year old
girl went to the house of Alfonso Bagos to
play with Michelle and Waday, nieces of
Alfonso Bagos.
- Balgos went up to Michelle and asked her to
go out to buy cheese curls.
- When Michelle left the house, Balgos directed
his attention to Criselle.
- He opened the zipper of his pants and took
Criselles right forearm and made her hold his
penis for a short time.
- When Michelle came back, Balgos asked her
and Waday to buy more cheese curls.
- He then closed the door and locked it and
proceeded to remove the shorts and
underwear of Criselle and he took of his
pants and brief and laid her down on the mat.
- He then went on top of Criselle and used his
hand to direct his penis towards the opening
of her vagina.
- He made a push and pull movement with his
penis into Criselles vagina which caused her
to feel pain.
- However, Balgos could not penetrate her
vagina and was only able to push his penis
against the opening of Criselles vagina.
- Balgos stopped when he saw Michelle and
Waday returning and were about to unlock
the door.
 - Few days after, Michelle and Waday told was duly established by the prosecution,
Crisart Fuentes, the older brother of Criselle through the testimony of the victims mother,
that Balgos raped Criselle. Criselda Fuentes, and further corroborated
- Crisart informed their mother Criselda and by Criselles Certificate of Live Birth.
she asked Crisart to confirm the story.
- They went to the Barangay Captain to report People of the Philippines vs. Filomeno Camano
the incident. Topic: intoxication-when aggravating or mitigating
- The Barangay Captain brough Criselle, her Facts:
parents and Balgos to the police station for - On February 17, 1970, in the barrio of Nato,
further investigation. Municipality of Sagnay, Province of
Camarines Sur, betwee the hours of four and
five oclock in the afternoon, after Filomeno
Issue: Camano had been drinking liquor, he stabbed
- WON Alfonso Balgos can be punished under Godofredo Pascua who was walking alone
Article 266-B par. 5 of the Revised Penal Code along the barrio street twice with a bolo.
o Article 266-B par. 5 the death (palas in Bicol).
penalty shall also be imposed if the - After the hacking and the stabbing to death of
crime of rape is committed with any of
the following aggravating/qualifying
circumstances: . 5) when the victim
is a child below seven years old.
o Held:
- Yes. Under Article 335 of the Revised Penal
Code as amended by Section 11 of Republic
Act No. 7659 (an act to impose death
penalty), the penalty death shall be imposed
if the crime of rape is committed against a
child below seven years old. There is no
dispute that they victim was six years old
when Balgos raped her. The age of Criselle