STRICTLY CONSTRUED

PENAL LAWS

1. INTESTATE ESTATE OF MANOLITA GONZALES VDA. DE CARUNGCONG v

PEOPLE OF THE PHILIPPINES and WILLIAM SATO

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 descendants, 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.

For purposes of the aforementioned provision, is the relationship by affinity created between the
husband and the blood relatives of his wife (as well as between the wife and the blood relatives
of her husband) dissolved by the death of one spouse, thus ending the marriage which created
such relationship by affinity?

Does the beneficial application of Article 332 cover the complex crime of estafa thru falsification?

Mediatrix G. Carungcong, in her capacity as the duly appointed administratrix of petitioner intestate estate of her
deceased mother Manolita Gonzales, filed a complaint-affidavit for estafa against her brother-in-law,
William Sato, a Japanese national.

Mediatrix alleged that Sato, by means of deceit, defraud MANOLITA GONZALES VDA. DE
CARUNGCONG. The said accused induced said Manolita Gonzales Vda. De Carungcong who was already
then blind and 79 years old to sign and thumbmark a special power of attorney dated November
24, 1992 in favor of Wendy Mitsuko C. Sato, daughter of said accused, making her believe that said
document involved only her taxes, accused knowing fully well that said document authorizes Wendy Mitsuko C.
Sato, to sell, assign, transfer or otherwise dispose of to any person or entity of her four properties all located at
Tagaytay City.

And once in possession of the proceeds of the sale of the above properties,
 said accused, misapplied, misappropriated and converted the same to his own personal use and benefit, to
the damage and prejudice of the heirs of Manolita Gonzales Vda. De Carungcong who died in 1994.

Sato moved for the quashal of the Information, claiming that under Article 332 of the Revised Penal
Code, his relationship to the person allegedly defrauded, the deceased Manolita who was his mother-
in- law, was an exempting circumstance.

The prosecution disputed Sato’s motion in an opposition dated March 29, 2006.

In an order dated April 17, 2006, the trial court granted Sato’s motion and ordered the dismissal of the
criminal case.

Dissatisfied with the trial courts rulings, the intestate estate of Manolita, represented by Mediatrix, filed a
petition for certiorari in the Court of Appeals which, however dismissed it.

CA: There is a dearth of jurisprudence and/or commentaries elaborating on the provision of Article 332 of
the Revised Penal Code. However, from the plain language of the law, it is clear that the exemption from
criminal liability for the crime of swindling (estafa) under Article 315 of the Revised Penal Code applies
to private respondent Sato, as son-in-law of Manolita

Meaning of "at the time of his trial for one crime."

The phrase "at the time of his trial" should not be restrictively construed as
to mean the date of arraignment. It is employed in its general sense,
including the rendering of the judgment. It is meant to include everything
that is done in the course of the trial, from
ARTICLE/TOPIC CASE/DOCTRINE
General Principles People vs Genosa (Battered
Woman Syndrome)
Characteristics of Criminal Law
General NCC Art.14 – applicable to all
who live and sojourn the PH
Territorial Art. 2
People vs Tulin (Piracy – in high
seas)
Prospective Art 22 – exception.
effects of repeal
Constitutional Limitations White Light vs Manila (hotels)
Estrada vs Escritor (Jehovah’s
witness conjugal arrangement)
People vs Echagaray (raped
10yr old daughter – death
penalty– not excessive
People vs Ferrer
US vs Diaz Conde (usury law.
Prospectively. Not liable.)
Construction and Interpretation Pro reo doctrine
HELD/MEANING
(?) Classical Theory – basis:
free will. Presumed to have
acted with freedom, intelligence
and intent.
BWS 2 cycles of 3 phases:
1. tension-building
2. acute battering
3. tranquil, loving
-insufficient evidence on 3rd
Self-defense
1. Unlawful aggression
2. Reasonable means
3. Lack of provocation
-no unlawful aggression
1. General
2. Territorial
3. Perspective
Exceptions:
1. Treaties
2. Law of preferential app
3. Public International Law
offense while on a Philippine
ship?
piracy is an exemption to the
territoriality rule
retroactive when it favors the
accused unless habitual
delinquent
1. Due process and equal
protection
2. freedom of expression
3. freedom of religion
4. no excessive fines/ inhumane
punishments
5. non-imprisonment for
debt/poll tax
6. Bill of attainder
7. Ex-post facto laws
1. liberally in favor of the
accused

ART 1 Effectivity
ART 2 Territoriality
ART 3 Felonies
ART. 4 Criminal Liability
ART.5 Acts which should be
repressed but are not covered
by the law
ART. 8 Conspiracy
People vs Abilong (destierro.
“imprisonment”
People vs Formigones (killed his
wife. Not an imbecile)
January 1, 1932
Dolo
Culpa
People vs Guillen (tried to kill
President but killed other ppl)
He who is the cause of the
cause is the cause of the evil
caused
Nullum crimen nulla poena sine
lege
Dura lex sed lex
Doctrine of Implied Conspiracy
Conspiracy
Proposal to commit a felony
2. Spanish over English text
3. Retroactive
4. Prescribed but undeserved
penalties
1. Freedom
2. Intelligence
3. Intent (Criminal
1. Freedom
2. Intelligence
3. Negligence/Imprudence
In culpable felonies, the injury
caused to another should be
unintentional, it being merely the
incident of another act
performed without malice
there is no crime when there is
no law punishing it
the law may be harsh but the
law is the law
-2 or more persons aimed acts
towards the accomplishment of
an unlawful act
although independent but
actually connected
TRIC-SM
DEAR ATe
TRIC