Benitez & Obias Law Offices

19/12/2023

SC: In Criminal Law, Intent to Commit Crime is Different from Intent to Perpetrate the Act |

Dispensing with proof of criminal intent for crimes mala prohibita, where criminal intent is not an element, does not discharge the prosecution’s burden of proving, beyond reasonable doubt, that the prohibited act was done by the accused intentionally.

Thus ruled the Supreme Court’s Third Division, in a Decision penned by Associate Justice Alfredo Benjamin S. Caguioa, granting the petition for review on certiorari filed by Felix G. Valenzona (Valenzona). The petition challenged the rulings of the Court of Appeals (CA) which had affirmed the Regional Trial Court’s (RTC) conviction of Valenzona for violation of Presidential Decree No. 957 or the Subdivision and Condominium Buyers’ Protective Decree (PD 957).

The Court clarified that while jurisprudence has recognized that a violation of PD 957 is regarded as malum prohibitum, or such offenses which are prohibited regardless of the person’s intent, the prosecution nevertheless still needs to show that the prohibited act was done intentionally by the accused.

The Court thus proceeded to distinguish between ‘intent to commit the crime’ and ‘intent to perpetrate the act’: “[W]hile a person may not have consciously intended to commit a crime regarded as malum prohibitum, he or she may still be held liable if he or she did intend to commit an act that is, by the very nature of things, the crime itself. Thus, for acts that are mala prohibita, the intent to perpetrate the prohibited act under the special law must nevertheless be shown.”

“While volition or voluntariness refers to knowledge of the act being done (as opposed to knowledge of the nature of the act), criminal intent is the state of mind that goes beyond voluntariness, and it is this intent which is punished by crimes mala in se,” held the Court.

Thus, for crimes mala in se, there must be proof of criminal intent, while for crimes mala prohibita, it is sufficient that the prohibited act is done freely and consciously, provided that it is established that the accused had the volition or intent to commit the prohibited act.

Read more at https://sc.judiciary.gov.ph/sc-in-criminal-law-intent-to-commit-crime-is-different-from-intent-to-perpetrate-the-act/.

Read G.R. No. 248584 (Valenzona v. People) in full at https://sc.judiciary.gov.ph/248584-the-people-of-the-philippines-vs-felix-g-valenzona/.

19/12/2023

11/12/2023

03/12/2023

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03/12/2023

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03/12/2023

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25/11/2023

SC Issues Guidelines on Transfer and Assumption of Jurisdiction Over Areas in Taguig City |

Exercising its administrative supervision over all courts, the Supreme Court on Tuesday issued guidelines governing the transfer and assumption of jurisdiction of the Taguig City courts over cases and crimes committed within Parcels 3 and 4, PSU-2031 of the Fort Bonifacio Military Reservation declared to be part of Taguig City.

This is in response to a letter from Taguig City Mayor Maria Laarni L. Cayetano, who requested that the transfer of jurisdiction to the Taguig City courts be set on October 16, 2023.

However, to enable the courts, the prosecution, the Public Attorneys Office, and other court users to prepare, the Supreme Court set the effectivity date for the transfer to January 1, 2024.

Hence, beginning January 1, 2024, all civil and criminal cases arising from the affected areas shall be filed in the courts of Taguig City. Criminal complaints related to crimes and offenses that transpired or were committed within the affected areas before January 1, 2024, shall be filed with the Makati City Prosecutor’s Office. On the other hand, criminal complaints for crimes and offenses committed on January 1, 2024, and onwards shall be filed with the Taguig City Prosecutor’s Office.

All civil and criminal cases already filed and pending before the first- and second-level courts in Makati City before January 1, 2024, shall proceed to trial, be heard, and ultimately be decided by the respective Makati City courts where they were pending.

All parties, including judges, court personnel, prosecutors, public attorneys, legal practitioners, and the general public, are enjoined to review and adhere to the guidelines to facilitate a smooth and orderly transition.

Read more at https://sc.judiciary.gov.ph/sc-issues-guidelines-on-transfer-and-assumption-of-jurisdiction-over-areas-in-taguig-city/.

21/11/2023

Re: Correction of Middle Name

[T]he Court unequivocally held that a prayer to enter a person's middle name is a mere clerical error, which may be corrected by referring to existing records. Thus, it is primarily administrative in nature and should be filed pursuant to R.A. 9048 as amended. (Bartolome v. Republic, G.R. No. 243288, August 28, 2019 citing Republic v. Gallo)

20/11/2023

[A]n illegitimate child whose filiation is not recognized by the father bears only a given name and his mother’s surname, and does not have a middle name. The name of the unrecognized illegitimate child therefore identifies him as such. It is only when the illegitimate child is legitimated by the subsequent marriage of his parents or acknowledged by the father in a public document or private handwritten instrument that he bears both his mother’s surname as his middle name and his father’s surname as his surname, reflecting his status as a legitimated child or an acknowledged illegitimate child. (Wang v. Cebu City Civil Registrar, G.R. No. 159966. March 30, 2005)

18/11/2023

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