sic itur ad astra

Criminal Law, Prescription of Cyber Libel Facts: On  February 4, 2019 , and April 29, 2019 ,  Berteni Catalufia Causing  uploaded  several posts on Facebook, which made it appear that  Ferdinand L. Hernandez , a duly elected member of the House of Representatives of the Second District of South Cotabato, stole public funds intended for Marawi siege victims.  February 4, 2019 post: "PLEASE LIKE & SHARE   xxxxxxxxxxxxxxxxx  KATARUNGAN  Hindi titigil ang sigaw ng katarungan dahil sa pagnanakaw ng P226 milyon mula sa relief goods para sa Marawi evacuees. Dahil tinanggal ng Radyo Inquirer itong video sa kanilang website, ini-upload ko ito para patuloy na mapapanood ng lahat ang pagsampa ng kasong PLUNDER o HIGANTENG PAGMANAKAW (sic) laban sa Region 12 DSWD Director Bai Zorahaida Taha at South Cotabato Co[n]gressman Dinand Hernan dez. Mabuti na lang na nai-record ko." April 29, 2019 post: "KAMPON NG MGA MAGNANAKAW HUWAG KALI...

                           Rule 115: Rights of the Accused  |  Criminal Procedure                             Right to be Informed of the Nature and Cause of the Accusation Facts: Jaime Dico was charged with three counts of violation of Batas Pambansa Bilang 22 (B.P. Blg. 22). The prosecution presented Lily Canlas, Collection Manager of Equitable Card Network, Inc., as its sole witness.  The defense presented two witnesses: Debbie Dy, Manager of Equitable Card Network, Inc., Cebu Branch, as a hostile witness, and the petitioner himself. The evidence showed that the accused issued checks to Equitable Card Network, Inc., which bounced due to "Account Closed." The complainant sent a letter to the accused demanding payment, but the accused refused to comply.  The accused admitted issuing the checks but claimed the...

                   RA 9208  |  Criminal Law  FACTS: The RTC and CA convicted Fernando B. Arambulo for the crime of Qualified Trafficking in Persons. Petitioner and his minor son, Dominique Dimple Arambulo , invited the latter's three (3) schoolmates who were also minors, namely AAA, BBB, and CCC, 10 to their house sometime in 2011. It was then revealed that the purpose of the meeting was to discuss petitioner's plans to commit robberies with the help of AAA, BBB, and CCC. Upon learning about this, CCC expressed his desire to leave but petitioner got angry and punched him; thus, he was forced to join the group. AAA, BBB, and CCC then similarly testified that not only was petitioner the mastermind of the series of robberies they subsequently committed against various people, but he was also the driver of their getaway tricycle. ISSUE: WoN  the petitioner's conviction for trafficking in persons should be set aside ...

                   RA 9208  |  Criminal Law  FACTS: The RTC and CA convicted Nerissa Mora a.k.a. Neri Balagta Mora for the crim of Qualified Trafficking in Persons. That on November 26, 2011, Mora was able to convince AAA, then a minor, to come with her to Buraburan, Buhi, Camarines Sur. Upon arriving thereat, Mora left AAA at Otoy's Videoke Bar (Otoy's) owned by Polvoriza; thereafter, Polvoriza locked AAA inside a room therein, prohibited her from going out, and took her mobile phone and destroyed its SIM card. Polvoriza then made AAA work as an entertainer at Otoy's under the stage name "Rizza M. Rañada," forcing her to take shabu, dance naked, and even have sex with the customers. Eight (8) months later, AAA was able to escape from Polvoriza's custody and return to her father, to whom she narrated her ordeal. Her father then took AAA to the police station to report the matter and also to a medico-legal, who, after ...

                   RA 9208  |  Criminal Law Facts: The prosecution claimed that AAA, BBB, and CCC are the minor children of spouses XXX and YYY. AAA claimed that sometime in April 2010, when she was just 13 years old, her mother XXX brought her to a hotel in Makati to meet with a certain John Hubbard who proceeded to have sexual intercourse with her.  AAA further alleged that from 2008 to 2011, XXX ordered her to engage in cybersex for three (3) to four (4) times a week in pornographic websites where AAA was shown in her underwear and made to do sexual activities in front of the computer. For their part, BBB and CCC corroborated AAA's statements, both averring that from 2010-2011, XXX ordered them to dance naked in front of the computer with internet connectivity while facilitating the webcam sessions and chatting with a certain "Sam," their usual client.  BBB and CCC alleged that during those sessions, their fat...

                 Art. 286: Grave Coercion  |  Criminal Law Facts: Pedro C. Consulta was found guilty of Robbery with Intimidation of Persons. On June 7, 1999, Nelia Silvestre and her companions were riding a tricycle in Makati City when they were blocked by the appellant and his brother. The appellant threatened and insulted Nelia, and then forcefully took her gold necklace before leaving. Nelia and her companions reported the incident to the police and sought medical examination. The appellant denied the charges and claimed that they were fabricated. He mentioned a history of disputes between his family and Nelia's family regarding rental payments. He also stated that Nelia had filed cases against him in the past, which were either dismissed or resulted in his acquittal. The appellant further claimed that Nelia would track his whereabouts and cause trouble despite his efforts to avoid her. The defense presented witnesses who ...

               Art. 285: Other Light Threats  |  Criminal Law Facts: AAA testified that he was 11 years old at the time of the incident; that on May 29, 2009, at around eleven o'clock in the morning, he and his two brothers: BBB , 9 years old, and CCC , 8 years old, were flying paper planes from the third floor of their house when the planes landed in front of the house of Perlin, the daughter of petitioner Erlinda Escolano. Perlin uttered "putang ina" directed at CCC. The following day, the siblings saw Perlin in front of their house. Private complainants got three ketchup sachets from their refrigerator and threw these at her. However, Perlin went inside their house so it was petitioner who was twice hit instead by the sachets. Petitioner exclaimed, " Putang ina ninyo, gago kayo, wala kayong pinag-aralan, wala kayong utak, subukan ninyong bumaba dito, pakakawalan ko ang aso ko, pakakagat ko kayo sa aso ko." When the complainants'...

               Article 282:  Grave Threats  |  Criminal Law Facts: As punong barangay of Mampas, Bacong, Negros Oriental, petitioner Santiago Paera  allocated his constituents’ use of communal water coming from a communal tank by limiting distribution to the residents of Mampas, Bacong. The tank sits on a land located in the neighboring barangay of Mampas, Valencia and owned by complainant Vicente Darong , father of complainant Indalecio Darong . Despite petitioner’s scheme, Indalecio continued drawing water from the tank. On 7 April 1999, petitioner reminded Indalecio of the water distribution scheme and cut Indalecio’s access. The following day, petitioner inspected the tank after constituents complained of water supply interruption. Petitioner discovered a tap from the main line which he promptly disconnected. To stem the flow of water from the ensuing leak, petitioner, using a borrowed bolo, fashioned a wooden plug. It was...

              Article 282:  Grave Threats  |  Criminal Law Facts: Ronnie Caluag and Jesus Sentillas was found guilty of slight physical injuries and Ronnie Caluag guilty of grave threats. In the afternoon of March 19, 2000, around 4 o’clock in the afternoon, Nestor learned that two of his guests from an earlier drinking spree were mauled. At that time, Caluag and Sentillas were drinking at the store owned by the son of Sentillas. When Nestor inquired from several people including his own son Raymond what happened, Caluag butted in and replied, "Bakit kasama ka ba roon?," and immediately boxed him without warning. Nestor retaliated but he was overpowered by Caluag and Sentillas. Julia saw Caluag and Sentillas box her husband. Although she tried to pacify them, they did not listen to her. To avoid his assailants, Nestor ran to his house. Julia followed him. At around 6:00 p.m., Nestor told his wife to report the boxing incident to the...