This case has been cited 6 times or more.
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2011-10-05 |
VILLARAMA, JR., J. |
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| In People v. Larrañaga,[41]this Court explained the concept of a special complex crime, as follows: A discussion on the nature of special complex crime is imperative. Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. In a special complex crime, the prosecution must necessarily prove each of the component offenses with the same precision that would be necessary if they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659 amended Article 267 of the Revised Penal Code by adding thereto this provision: "When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed;["] and that this provision gives rise to a special complex crime. In the cases at bar, particularly Criminal Case No. CBU-45303, the Information specifically alleges that the victim Marijoy was raped "on the occasion and in connection" with her detention and was killed "subsequent thereto and on the occasion thereof." Considering that the prosecution was able to prove each of the component offenses, appellants should be convicted of the special complex crime of kidnapping and serious illegal detention with homicide and rape. x x x[42](Emphasis supplied.) | |||||
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2010-12-14 |
ABAD, J. |
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| On June 28, 1991, Webb's parents visited him at Anaheim and stayed with the Brottmans. On the same day, his father introduced Honesto Aragon to his son when he came to visit.[40] On the following day, June 29, Webb, in the company of his father and Aragon went to Riverside, California, to look for a car. They bought an MR2 Toyota car.[41] Later that day, a visitor at the Brottman's, Louis Whittacker, saw Webb looking at the plates of his new car.[42] To prove the purchase, Webb presented the Public Records of California Department of Motor Vehicle[43] and a car plate "LEW WEBB."[44] In using the car in the U.S., Webb even received traffic citations.[45] | |||||
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2010-12-14 |
ABAD, J. |
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| This Court in People v. Larrañaga[131] had similarly rejected the defense of alibi of an accused, involving a shorter travel distance (Quezon City to Cebu) and even shorter period of time showing the least possibility of an accused's presence at the time of the commission of the crime (a matter of hours) than in the case at bar (March 9, 1991 to June 29, 1991 which is three [3] months). In denying the motion for reconsideration of accused Larrañaga, we held that accused Larrañaga failed to establish his defense of alibi, which is futile in the face of positive identification: This case presents to us a balance scale whereby perched on one end is appellants' alibi supported by witnesses who were either their relatives, friends or classmates, while on the other end is the positive identification of the herein appellants by the prosecution witnesses who were not, in any way, related to the victims. With the above jurisprudence as guide, we are certain that the balance must tilt in favor of the latter. | |||||
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2009-07-14 |
CARPIO MORALES, J. |
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| In the present case, even without the plea of guilt of appellant, the evidence presented by the prosecution supports his guilt beyond reasonable doubt[13] of the special complex crime of kidnapping with rape under Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659.[14] Thus in People v. Larrañaga[15] the Court held: Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. In a special complex crime, the prosecution must necessarily prove each of the component offenses with the same precision that would be necessary if they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659 amended Article 267 of the Revised Penal Code by adding thereto this provision: "When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed; and that this provision gives rise to a special complex crime. (Italics in the original; underscoring supplied) | |||||
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2007-12-13 |
VELASCO JR., J. |
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| It is clear that the MTRCB did not dismiss the Chiongs' complaint; rather, it suspended the proceedings because whether or not Butakal was libelous or defamatory depended on the decision rendered by this Court in People v. Larrañaga.[11] | |||||