Part6 (14-17) 2.docx

People v. Venancio Roxas Facts: On January 12, 1994 in Quezon City , the accused Venancio Roxas intimidated and forcibly enter a car. He point a gun with the intent to carry away one Nissan Sentra Model 1993 with Plate No. TKR-837, then driven by Agnes Guirindola but owned by her mother Elvira G. Guirindola, to the damage and prejudice of said Agnes Guirindola and Elvira G. Guirindola in such amount as may be awarded to them. Roxas and Gungon accompanied by a third man, they took away the car while Agnes was unconscious. Issue: Are the accused guilty of the crime carnapping? Held: Yes. all the elements of carnapping were proven in this case. It cannot be denied that the 1993 Nissan Sentra with plate number TKR-837 was unlawfully taken from Agnes without her consent and by means of force or intimidation, considering that he and his co-accused alternately poked a gun at Agnes. After shooting her, appellant also flee with the subject vehicle which shows his intent to gain. Agnes also positively identified appellant and Gungon as the ones who took the subject vehicle from her. Orquinaza v. People Facts: In 2003, Arida, an employee of Calamba Model Makers factory, together with her witness Espinili, accusing Orquinaza, the general manager of the said factory, of kissing her and touching her breasts while she was taking a nap inside a room of the factory. The Calamba City Police designated the offense as sexual harrassment and referred the case to the Office of the Prosecutor. During preliminary investigation, defense contending that their affidavits do not contain allegations to constitute the crime of sexual harassment. Thereafter, the prosecutor issued another resolution that it is not sexual harassment but petitioner's act of grabbing complainant's breasts and kissing her constitute acts of lasciviousness. Thus, he filed with the MTCC an information charging petitioner with acts of lasciviousness. Issue Is the crime charge of acts of lasciviousness proper? Held: Yes. Arida's statement contains all the allegations to support the charge of acts of lasciviousness under Article 336 of the Revised Penal Code, i.e., (1) the offender commits any act of lasciviousness or lewdness, (2) under any of the following circumstances: (a) using force or intimidation, (b) the offended party is deprived of reason or otherwise unconscious, or (c) offended party is under 12 years of age. Petitioner had the opportunity to refute all the allegations made by Arida when the Assistant City Prosecutor required him to submit his counter-affidavit. People v. Canoy Facts: In 1994 one evening that year Den woke up to find her father, who usually slept next to her, inserting his finger into her vagina. She felt pain but did not resist; instead, she cried and uttered Pa dont, its painful. Her mother and sister were unaware of what was happening as they were both sound asleep. summer of 1996, while everyone was sleeping, her father removed her short pants and underwear and then his own short pants and brief, and mounted her. He touched her breast and placed his penis on top of her vagina. April 1998, accused was removing Dens panty and was staring at her vagina. Issue: Is the accused guilty of crime acts of lasciviousness?

Held: Yes. Victim gave a clear and candid narration of how the sexual transgressions were committed. Her truthfulness is more than manifest in her comportment during the trial. The record shows that she broke down and cried on the witness stand while recounting the details of the dastardly acts her father perpetrated upon her, prompting the court to call a recess to enable her to recover her composure and later to order a continuance so that her examination had to be continued on another date. Pader v People Facts: April 20, 1995, at about 8:00 p.m., Atty. Benjamin C. Escolango was conversing with his political leaders at the terrace of his house at Morong, Bataan when petitioner appeared at the gate and shouted putangina mo Atty. Escolango. Napakawalanghiya mo! The latter was dumbfounded and embarrassed. At that time, Atty. Escolango was a candidate for vice mayor of Morong, Bataan in the elections of May 8, 1995. Issue: whether petitioner is guilty of slight or serious oral defamation. Held: The fact that the parties were also neighbors; that petitioner was drunk at the time he uttered the defamatory words; and the fact that petitioners anger was instigated by what Atty. Escolango did when petitioners father died. In which case, the oral defamation was not of serious or insulting nature. Hence, the accused is only guilty of slight oral defamation.