conniving with him, follow to achieve the aforesaid common goal. In the alternative,
if there is no such overall scheme or where the schemes or methods used by
multiple accused vary, the overt or criminal acts must form part of a conspiracy to
attain a common goal.
With more reason, the doctrine cannot be invoked where the assailed statute is
clear and free from ambiguity, as in this case. The test in determining whether a
criminal statute is void for uncertainty is whether the language conveys a
sufficiently definite warning as to the proscribed conduct when measured by
common understanding and practice. It must be stressed, however, that the
"vagueness" doctrine merely requires a reasonable degree of certainty for the
statute to be upheld not absolute precision or mathematical exactitude, as
petitioner seems to suggest.
Wrongful act different from intended
PEOPLE v CABARENO
GR 138645, 1/16/2001
SUMMARY: Accused is convicted of murder through treachery but SC found that
there is no sufficient proof to establish beyond reasonable doubt treachery. Still
liable criminally even if desired criminal result not achieved
FACTS:
PROSECUTION VERSION:
-
Upon arrival, the accused shot Caterdrilla at the back with a ten inch long
firearm. It, however, hit Casaquite instead who thereupon fell to the ground
and eventually died in the hospital.
DEFENSE VERSION:
-
Accused join Pablo Sanchez and Tayok Estiva in drinking on the store near
disco. They fought the night before. Sanchez and Estiva got drunk and fought
again.
Military man hit Estiva first. Catedrilla intervened stating Estiva is his nephew.
Military man hit Sanchez. Victim intervened, ushering Sanchez out of the
store. Estiva was still angry and grappled for possession and control of a gun
with Catedrilla.
While grappling, gun fired and hit victim. Catedrilla then told nephew to flee
the scene. Accused then also went home.
Witness testimony was upheld by RTC and accused has failed to raise any concrete
arguments to dismiss it. In a review of the testimony, however, it has never been
established that the accused committed "treachery" when the ff facts were present
1. Accused shot victim at the back in the middle of a commotion, not in a
premidetated place
2. The attack had risk to himself as it was in public and victim had three persons in
company, all in full alert, and even one armed
Thus, treachery is not proven beyond reasonable doubt.
However, even if it is NOT treacherous, accused is still liable for the death of the
victim.
ALTHOUGH NOT DIRECTLY STATED IN THE CASE, I believe accused was
targeting someone else (the barangay Captain) as well.
RULING:
MODIFIED to HOMICIDE. Sentence to 8yrs - 14yrs & 8 months.
People of the Philippines, petitioner v Rolusape Sabalones, respondent
GR No. 123485 PANGANIBAN August 31, 1998
DOCTRINE: Transferred intent- error in personae
NATURE: This is a case elevated by the CA to the SC upon refraining on entering a
judgment.
FACTS:
The conclusion of the trial court and the Court of Appeals that the appellants
killed the wrong persons was based on the extrajudicial statement of
Appellant Beronga and the testimony of Jennifer Binghoy. These pieces of
evidence sufficiently show that appellants believed that they were
suspected of having killed the recently slain Nabing Velez, and that
they expected his group to retaliate against them.
The Trial Court observed that they went to their grisly destination
amidst the dark and positioned themselves in defense of his turf
against the invasion of a revengeful gang of supporters of the
recently slain Nabing Velez.