1
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
jurisprudence prevailing in the United States on this matter are
authority in the Philippines which is now a territory of the
United States (we were still a US territory when this was
decided in 1922).
We have seen that the mere possession of opium
aboard a foreign vessel in transit was held by this court not
triable by or courts, because it being the primary object of our
Opium Law to protect the inhabitants of the Philippines against
the disastrous effects entailed by the use of this drug, its mere
possession in such a ship, without being used in our territory,
does not being about in the said territory those effects that our
statute contemplates avoiding. Hence such a mere possession
is not considered a disturbance of the public order.
But to smoke opium within our territorial limits, even
though aboard a foreign merchant ship, is certainly a breach of
the public order here established, because it causes such drug
to produce its pernicious effects within our territory. It
seriously contravenes the purpose that our Legislature has in
mind in enacting the aforesaid repressive statute. Remanded
to the lower court for further proceedings in accordance with
law.
2
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
----------------------------------------------------------------------
4
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
GR: mere possession of a thing of prohibited use in these
Islands, aboard a foreign vessel in transit, in any of their ports,
does NOT constitute a crime triable by the courts of this
country, on account of such vessel being considered as an
extension of its own nationality
----------------------------------------------------------------------
5
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
eight cans of opium in Saigon, brought them on board the
steamship and had them in his possession during the trip from
Saigon to Cebu. When the steamer anchored in the port of
Cebu, the authorities on making the search found the cans of
opium hidden in the ashes below the boiler of the steamer's
engine. The defendant confessed that he was the owner of the
opium and that he had purchased it in Saigon. He did not
confess, however, as to his purpose in buying the opium. He
did not say that it was his intention to import the prohibited
drug.
----------------------------------------------------------------------
6
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
PADILLA vs DIZON
FACTS
An information was filed against Lo Chi Fai with the RTC for
violation of Sec. 6, Central Bank Circular No. 960 with a penal
sanction provided by Sec. 1, PD NO. 1883.
7
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
Sec. 1, P.D. No. 1883 provides that any person who shall
engage in the trading or purchase and sale of foreign currency
in violation of existing laws or rules and regulations of the
Central Bank shall be guilty of the crime of blackmarketing of
foreign exchange and shall suffer the penalty of reclusion
temporal (minimum of 12 years and 1 day and maximum of 20
years) and a fine of no less than P50,000.00.
ISSUE
8
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
accused, Lo Chi Fai, for violation of Central Bank Circular No.
960, the prosecution must establish that the accused had the
criminal intent to violate the law.
HELD
----------------------------------------------------------------------
People vs Oanis
9
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
Facts: Provincial Inspector received a telegram that escaped
convict Anselmo Balgtas and Irene must be apprehended Dead
or Alive. He then instructed Chief of Police Oanis who knew a
certain Irene to subdue the escaped convict and so Oanis
and others went to the said persons house. Oanis and Galanta
approached a certain Brigada Mallare outside the house, who
told them that Irene was sleeping with her paramour in
bedroom. Oanis and Halanta then went to Irenes room and
saw a man sleeping with his back towards the door and shot
him. That man turned out to be Serapio Tecson, Irenes
paramour.
Ruling: NO.
----------------------------------------------------------------------
FACTS
ISSUE
11
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
Whether or not should Ah Chong should be exempt from
criminal liability?
HELD
----------------------------------------------------------------
US V. VALDEZ
12
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
FACTS: At about noon, on November 29, 1919, while the
interisland steamer Vigan was anchored in the Pasig River, a
small boat was sent out to raise the anchor. The crew of this
boat consisted of the accused, Calixto Valdez y Quiri, and six
others among whom was the deceased, Venancio Gargantel.
The accused was in charge of the men and stood at the stern
of the boat, acting as helmsman, while Venancio Gargantel
was at the bow.
13
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
RULING: YES. The circumstances narrated above are such in
our opinion as to exclude all reasonable possibility that
Venancio Gargantel may have survived; and we think that he
came to his death by drowning under the circumstances
stated.
15
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
The accused must, therefore, be considered the responsible
author of the death of Venancio Gargantel, and he was
properly convicted of the offense of homicide.
----------------------------------------------------------------------
Pp v. PURIFICACION ALMONTE
16
Criminal Law I Case Digests
Balderas|Candolita |Delabahan |Masanguid |Pacquiao |Pastor
where he was given first aid treatment, and Doctor Ortega
performed a slight operation upon him.
19