Compendia of Legal Principles

Facts: At early dawn on March 2, 1935, policeman Jose Tomambing, who was patrolling his beat on Delgado and C.R. Fuentes streets of the City of Iloilo, caught the accused in the act of making an opening with an iron bar on the wall of a store of cheap goods located on the last named street. At that time the owner of the store, Tan Yu, was sleeping inside with another Chinaman. The accused had only succeeded in breaking one board and in unfastening another from the wall, when the policeman showed up, who instantly arrested him and placed him under custody. Ruling: It is necessary to prove that said beginning of execution, if carried to its complete termination following its natural course, without being frustrated by external obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. xxx In case of robbery, in order that the simple act of entering by means of force or violence another person's dwelling may...

Facts: At about noontime Crispulo Alega fetch his girlfriend, Remedios Maniti. They proceeded to the Pasay City Public Market. As they were going up the stairs leading to the Teresa and Sons Restaurant, Remedios, who was about an arms-length ahead of Crispulo suddenly heard the dropping of her folders and other things, being carried by Crispulo. When she looked back, she saw a man — later Identified as Danilo Tobias but still at large — twisting the neck of Crispulo, while the appellant was holding his (Crispulo's) two hands. The appellant and his companion tried to divest Crispulo of his "Seiko" wrist watch, but Crispulo resisted their attempt and fought the robbers. At this juncture, the man who was twisting the neck of Crispulo stabbed the latter on the left side of his chest. Crispulo ran down the stairs followed by Remedies who shouted for help. When he reached the front of the Pasay Commercial Bank he fell down and expired. At the time of his death, the "Seik...

Facts: Ma. Corazon P. Pamintuan, mother of four (4)-year old Crysthel Pamintuan, went down from the second floor of their house to prepare Milo chocolate drinks for her two (2) children. At the ground floor she met Primo Campuhan who was then busy filling small plastic bags with water to be frozen into ice in the freezer located at the second floor. Primo was a helper of Conrado Plata Jr., brother of Corazon. As Corazon was busy preparing the drinks, she heard one of her daughters cry, "Ayo'ko, ayo'ko!" prompting Corazon to rush upstairs. Thereupon, she saw Primo Campuhan inside her children's room kneeling before Crysthel whose pajamas or "jogging pants" and panty were already removed, while his short pants were down to his knees. According to Corazon, Primo was forcing his penis into Crysthel's vagina. Horrified, she cursed the accused, "P - t - ng ina mo, anak ko iyan!" and boxed him several times. He evaded her blows and pulle...