ojo_delaplata’s blog

Okay, the only reason why I'm posting this article is the utter laziness on my part to create a digest for People v. Cano (17 SCRA 237). Instead of creating a digest, I thought of creating a blog entry. Now, that is more motivating, isn't it? For the next couple of months or so, I will be posting blog entries regarding some legal issues revolving around supreme court cases that are worth discussing about.

To those who have already read the case, you can proceed to the italics of the text as the subsequent paragraphs contain the facts of the case.

This aforesaid case involves an issue on quasi-offense. A busdriver, in utter disregard of traffic rules and regulations and without exercising due precaution and by driving at a speed more than that allowed by law and on the wrong side of the road, caused the bus his driving to bump another bus, causing damage to the latter and inflicted physical injuries to the passengers of the said buses.

The injured parties altogether filed a case against the busdriver and the bus owner and alleged that thru reckless negligence of the defendant, the bus driven by him hit another bus causing damage to property (the bus) and physical injuries (not the exact words).

The accused filed a motion to quash the information upon the ground that slight physical physical injuries thru reckless imprudence cannot be complexed with damage to property, serious and less serious physical injuris thru reckless imprudence, because "misdemeanor" may not, under Art. 48 of the RPC be complexed with grave or less grave felonies.

However, the information alleged by the injured parties does not purport to complex such crimes. It only alleged  that thru reckless negligence of the defendant, the bus driven by him hit another bus causing damage to property (the bus) and physical injuries (not the exact words). 

The accused and the lower court have seemingly assumed that said information charges 2 offenses, namely: 1) slight physical injuries thru reckless imprudence; and 2) damage to property, serious and less serious physical injuries, thru reckless imprudence - which are sought to be complexed.

The Supreme Court argued that this assumption is premised upon the predicate that the effect or consequence of defendant's negligence, not the negligence itself, is the principal or vital factor in the said offenses. The Supreme Court further said that such predicate is not altogether accurate.

The Supreme Court clarified that while in intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight. The Supreme Court further stated that the more accurate term for such offense is "reckless imprudence resulting in homicide" and not "homicide thru reckless imprudence" since what is penalized here is the mental attitude of the accused and not the consequences of such mental attitude.

We all know that quasi-offenses are culpable felonies, there's no question about that. But what if one is thrown the question, "is it malum prohibitum or malum in se?"

To refresh one's memory, let's take the definitions of both types of crime. Malum in se is wrongful from their nature and malum prohibitum is wrong merely because it is prohibited (1 Reyes 56). It doesn't necessarily mean that mala in se are penalized by RPC, it can be penalized by special laws so the law that punishes one crime does not affect the classification of such crime. In malum in se, one has to prove intent for one to be guilty.

The case of People vs. Kibler (106 NY 321) creates a more visible distinction: in acts mala in se, the intent governs but in those mala prohibita, the only inquiry is, has the law been violated?

Taking into consideration the statement of the Supreme Court in the aforesaid case that in quasi-offense, it is the mental attitude or condition that is punished, and the fact that intent is not an essential element of quasi-offense, we might not be able to classify such crime as malum in se because in malum in se, intent governs. Yet, it also perplexes me that quasi-offenses fit into the very original description of malum in se: wrong in itself. It is indisputable that indeed a quasi-offense is wrong in itself but that it does not include intent as an essential element.

Quasi-offenses cannot be considered as mala prohibita since the latter are acts made punishable by special laws.

People v. Kibler has been cited in the Reyes' commentaries for Revised Penal Code and the case of US v. Go Chico (14 Phil. 132), so it kind of implies that it is an authority when it comes to classfying a crime whether it is malum in se or malum prohibitum.

But is it also possible that People v. Kibler's definition of malum in se deviates from the very nature of malum in se? Remember that malum in se is wrong in itself and it doesn't originally mean that intent is essential. With this possibility, we can conclude that a quasi-offense is a special type of malum in se in that it is wrong in its very nature wherein intent is not essential.

Or is it possible that quasi-offense is neither malum prohibitum nor malum in se, but a different kind of crime worth recognizing?

Professor Ursua, in our Criminal Law 2 class, told us that classifying acts into crimes is like putting different items in different boxes. One must put an item into the right box in order to classify it correctly. I believe any person would definitely have difficulty putting quasi-offense in either malum prohibitum or malum in se.

Such is a wonder of quasi-offense, among many other things...

My parents told me, "read the newspaper EVERYDAY. That's what you need in law school."

It isn't hard to read a newspaper. Whenever I read one, I learn something new. But unfortunately, I am too lazy. Lazy to even touch one.

One of the reasons why I entered law school is to find out how to solve the problems in the society and in the government of the Philippines. I vowed to take a life of purpose: to analyze and solve these issues our nation have. Somehow, I see Law School as where I could understand why we have flaws in the government.

On the flipside, I don't read the newspaper daily. I don't care about national politics and national economy. Newspapers give me headaches: there's just too many problems in the society. What I need everyday is inspiration, not problems!

Yet, I am taking up law to find out why we have all these problems and later solve them eventually.

Ironic. Pointless. Shame. on. me.

October 29, 2009 will be a new day. I will correct this weakness of mine. I will read a newspaper. Srsly.

two straight guys tried to secure a job as a phone sex operator. The only problem is, only one of them can get this job.

Reading my blog again, I learned how passionate and cutthroat I was eight months ago. Now I’m beginning to remember what I really wanted to become in life.

I became a slacker (until now), lying way lower than my competitiveness level that I had a year ago. I wish I still have the same vision: to become an excellent lawyer. But as months rolled by, that vision was effaced for reasons I don’t know.

Deep in my heart, I just want to be somebody happy. That’s the goal that I wrote in one of my classmates’ autograph way back in 2000, which eventually pissed my classmate who owned it.

I realized, then, that no matter how I will become successful, it would be inutile if I’m not happy with what I’ve become.

Question is: what kind of person would I really want to become to be happy?

This one question has an answer that seems to change from time to time. It’s like happiness which many people consider as fleeting.

My ambition in life is as volatile as risky ventures such that if somebody asks me what my ambition is, I honestly don’t know the answer. For one moment, I want to be this and the next, I suddenly want to be that.

Now that I’m a law student in University of the Philippines, it seems that I have no option but to become a lawyer.

But the road to get there is not easy. It is extremely difficult.

Stories of students dropping out of class are not uncommon. Many cannot face the immensity of the challenges law studies pose. One must not only have the passion to study, he must also be brave enough to continue what he had started.

I was one of those victims that the river of doubt carried away. I literally went home at the end of July 2009 with the thoughts of never coming back. That very day that I came home was the day of PGMA’s SONA so I wasn’t able to process my papers for dropping out because there were no classes. I then planned to just come back weeks later to make my quitting ‘official.’

I was thinking that if I quit from law school, I’d finally liberate myself and end up a happy person, the kind of person I wrote on my classmate’s autograph almost a decade ago.

For three weeks, I was a bum while everyone in class was busy studying. Have I become the person I longed to be?

I was freed from all the pressures law school gives. My head is shouting “I am free!” But then I learned that freedom doesn’t always equate to happiness.

Yes, I was free. But I wasn’t equally happy.

One Saturday as I was using Facebook (again), one of my classmates advised me to just drop some subjects and come back to school. I was convinced that that was a good idea. I then told my parents that I want to come back to school. Three days later, I rode an airplane which brought me back to Manila, thus ending my 3-week stay in the province.

Some upperclassmen like Anj Balacano came up to me and counseled me. A lot of other people shared the same feelings they had when they were still freshmen.

The feeling of quitting in law school is not a joke. It exists. If you are not brave enough, its current will carry you into the sea of non-lawyerish world. Day-by-day humiliation and voluminous readings scare students from continuing that mere ambition is never enough. One has to drink the potions of bravery and persistence in order to survive.

Prayers help too.

Few days ago, I learned the very happy fact that I passed UP Law Aptitude Exam and that I am qualified to enroll in UP Diliman College of Law for AY 2009-10. It seriously gave me the strong palpitations of my heart yesterday that I needed to be brought to a hospital. My heart was pacing at 200 beats a minute. Normal range is between 60 and 90 beats (correct me if I'm wrong cause I don't know if it should be 90 or a hundred)! It was an overwhelming incident but when I got to the hospital's emergency room, my heartbeat went back to normal range. The doctors decided not to confine me anymore but to subject me to further tests - thyroid function test and the holter test to be done when I am ready. Til now, they haven't found the root cause of my abnormal palpitations!

Last night, it was hard for me to sleep. My mind was very active. I have a really long train of thoughts pacing in my mind. I have a very clear view of what I want to do for the next few years of my life and even beyond. While trying to get a sleep, I established my very first set of VMGOs - to make a clear path ahead of me in the future...

Vision

To be an excellent lawyer...

Missions

To fight for what is right and what I believe is just.

To defend and protect the rights of my potential clients.

To serve for the benefit and welfare of many.

Goals

To master law concepts and principles. :)!

To graduate and excel in UP Diliman College of Law. If possible, graduate with honors.

To excel in the Bar Exams. If possible, become a placer.

Objectives

To discover and learn law concepts and principles by heart.

To meet new people and establish connections.

To have more time for God and learning.

To study with pleasure.

To enjoy life's moments each day in the presence of the Lord and in the presence of my upcoming classmates.

Months ago, after passing the boards, I felt that God's power is really strong. When He wants you to pass, you'd really pass. But during the past few weeks, I've felt God's love the strongest in my entire life. Articles in my daily bible reflections stated that God loves me so much (He actually loves all of us). I never felt this way before. Daily prayers were filled with a lot of tears. I could not only feel God's love, I'd already want to be there with Him in heaven. Seriously.

Whenever I go to church, the Loreto church here in Sampaloc to be specific, my prayers to God were so deep that whenever I touch the statues of Our Lady of Sacred Heart and the Sacred Heart of Jesus, I'd cry.

I have earthly wishes from the Lord - one of which is for me to pass UP Law Aptitude Exam. I want to study in UP Diliman College of Law. I believe I'd grow there and be the person I dream of - become an excellent CPA Lawyer someday!

But when I approached Our Lady of Sacred Heart, I just told her: "I need your guidance for the future. No matter what happens, I'd accept it. Thank you for making me the person that I am today." Moments earlier, I was actually planning to ask from her to make me pass the Exam (UP LAE). But these are the words that came from my mind instead! What made me change my mind? Something came into me that if it's God's will, it really is. You just have to accept it. If I pass, then it would be good. If I don't, I know that God won't leave me crying in tears. God knows what's best for me...

In 2003/04, I always felt like I'm the biggest loser in the whole world. But in the past few years, God made me realize that I'm something special. he made me realize that I have so many blessings in my life. He made me realize that He loves me so much that He wants me back. Sure, I pray to God daily even when I was young but it was only recently when I realized that I've totally converted - from someone who just believes in God to someone who loves God in His entirety. For me, that is the highest form of happiness. It's better than winning a million dollars. It's better than marrying your special someone. It's better than passing the board exams. And it's definitely better than passing the UP LAE. I do admit, I still want to pass UP LAE but I can never exchange God's love for me for something that is merely an earthly wish... Good thing, God loves me all the time... ;)

Whenever I hear these songs, I always remember God. In fact, whenever I sing these songs, I sing it for God and not for somebody else. Isn't it funny? heheheh... Anyways, here it is...

Song Number 1 - by Apo Hiking Society

There I was an empty piece of a shell,
Just mindin' my own world;
Without even knowin' what love and life were all about.

Then you came,
You brought me out of the shell;
You gave the world to me
And before I knew,
There I was so in love with you.

You gave me a reason for my being
And I love what I'm feelin'
You gave me a meaning to my life,
Yes, I've gone beyond existing
And it all began when I met you.


God gives meaning to my life and a reason for my being. He makes me feel whole. He makes me feel that I have nothing else that I need...

Song Number 2 - by Le Ann Rimes

I don't need a lot of things I can get by with nothing
With all the blessings life can bring, I always needed something
But I got all I want when it comes to loving you
You're my only reason, You're my only truth

I need you like water, like breath, like rain
I need you like mercy from heaven's gate
As a freedom in your arms that carries me through
I need you...

The lyrics itself explains everything. While we're on earth, we always feel like we need something. But ever felt that you never needed anything? It only happens when you feel God's presence so deeply that needing anything would not even be possible...

That's all for now. I would scout for more songs that sound like songs we can offer to God. I know there's a lot for there are a lot of songs conveying love and God himself is the biggest source of love. God loves you. He loves us all. Loving God back is the biggest gift we could offer to Him. God bless!

Although preparation and faith are a must while reviewing for the board exams, having the right thoughts serves as a bedrock for stability. It is a foundation you must have. Keeping in mind these thoughts will help you until the end as long as you have them intact.

Mindset and willpower are very important tools for support. Having the right thoughts fuels one to review in a very efficient and effective manner. It boosts confidence and helps one recover from recurring modes of sadness. They serve as inspiration and motivation to go along such a challenging journey...

What are the thoughts a reviewee or a student must have? I will suggest some and I believe they really helped when I was just like you, an aspiring CPA...

I CAN MAKE IT...

Be positive about yourself. The reason why you're there now is that you have a very big potential in you. God has given you the opportunity to graduate from Accountancy and review for the board exams, therefore God must have seen something in you. Always have the thought that you can make it for as long as the results are not yet there, there's always a possibility that you will become a CPA a day after the Board Exams... Yihaa!!!

Underdog

I AM AN UNDERDOG AND I HAVE THE UNDERDOG SPIRIT...

Underdogs really impress me. They're the types of people who are in big disadvantage but as challenges come and go, they grow stronger and will fight til the end. Who are the underdogs? Look around, you are actually one! You might just be that guy or girl who failed a couple of times in college, who repeated once or twice, who didn't take Accountancy seriously during the undergrad. You might just be someone who comes from a poor provincial school with very poor backgrounds and very low passing rate. You might just be that one who do not know a lot of things but you kept on surviving for some weird reasons. You might just be someone who graduated a cum laude or magna cum laude and have a very big pressure you are carrying upon your shoulders. You might just be someone who already found his/her better half but could not focus much on the review. Or you might be someone who is now working and have not much time to review because of the workload. The thing is, YOU ARE AN UNDERDOG! You have a big disadvantage in you and you acknowledge that... But always believe you can surpass all the expectations they have from you...

I remembered how I had the thoughts that I'm just coming from a provincial school from a very poor region: Bicol! I'd always think that "Hmmmp, I may just be a probinsyano but I can prove to them that I can make it!" I embraced that fact with  A SPIRIT THAT I CAN PROVE I CAN SURPASS ALL EXPECTATIONS and I did! That's the UNDERDOG SPIRIT...

more to come...

I'm sure some senior Accountancy students who have already reserved seats in CPAR would be very eager to read this. Well, who are the CPAR Reviewers? Get to know them right now. I have some brief introductions about the reviewers who I've known while reviewing in CPAR. They're great and it's fun to mention them!

Atty. Conrado Valix, CPA (TOA, P1) - he is probably the friendliest reviewer in CPAR. No wonder, he attracted many reviewees like me! He's the very reason why CPAR has become the biggest review center in the Philippines. Though I never became his student, Sir Valix treated me as if I'm his childhood friend. He's like a father to me. He gave me a lot of pieces of advice and how can I ever forget the laughter that he has?! He's very comfortable to be with and I surely missed him so much! Best way to deal with him: never be shy in asking for help! He'd surely welcome your efforts to get near him! He's a cool friend to everybody - including you and me. :)

Sir Thomas Siy, CPA (TOA, P1) - Sir Siy is probably the most handsome and most model-like reviewer of CPAR. Girls go gaga over him. I'm sure that if you're a lady, you'd want to meet him as early as possible. Aside from the looks, sir's got the humor as well. But fans of Sir German would not want to hear his jokes for this handsome reviewer is also fond of attacking other reviewers - but just to have fun about them. Sir German happens to be his favorite victim. Sir Bobadilla wasn't saved as well. Despite the attacks he has done, all the other reviewers know it is just for fun. His fans know that as well. But the best quality Sir has is his ability to teach comprehensively all the necessary topics in just a couple of hours. He's very organized as well. People seem to love the way he teaches about certain difficult topics such as Leases and Employee Benefits in a way that both of these appear a lot easier!

Dean Apolinario Bobadilla, CPA (MAS) - Sir Bobads, as he is called, is the most favorite reviewer of Mannylene. He is very mathematically-inclined and he showcases all the techniques and shortcuts in solving the problems. Sir Bobads may talk fast but you would surely learn a lot from him. Outside the classroom, he's one of the kindest and is very welcoming at your questions. He's like the neighbor you'd always want to hang out with!

Sir Rodelio Roque, CPA (MAS) - He is one of the twin towers of CPAR. When you get there, you would learn why! Sir Roque may have never been my reviewer but I was able to attend his lectures twice. People know that the mathematics side of MAS is Sir Bobads' forte but it is the theories side of the same subject where Sir Rodel shines. Sir is also funny, he may look like a nerdie but the inside of his shows a stand-up comedian. If Sir Bobads is Mannylene's favorite, Sir Rodel is the favorite of many. His lecture classes have always been box office hits!

Sir Gerardo Roque, CPA (Auditing Theories and Problems) -  the other member of the twin towers of CPAR. Sir Gerry has the looks of a macho dancer but he retains his respectable nature by being one of the best and funniest reviewers of CPAR. He compares his serious topics with some topics that are more easily understandable so people can easily remember. In Auditing Problems, I've attended his class about few times and I learned how he can make one of the most difficult subjects into one that is easier to understand!

Dean Archimedes Ibay, CPA (Auditing Problems) - Sir Ibay has the voice of a DJ despite his old age. He likes to sing as well and draws detailed maps on the board. Sir usually presents his solutions via T-accounts and journal entries to show how auditing problems has to be dealt with. He gives insights that are easily understandable and will explain the reasons why such transaction has to be treated in one way or another.

Sir Christopher German, CPA (P2) - The "pinagpala", sir is probably the most loved reviewer of CPAR. He has lots of fans that he has been defended from the hilarious wrath of Sir Siy a couple of times in my review period. He loves to sing as well and had sung songs while on review. However, if you're observant enough, you'd notice something strange in between his legs. It has been a mystery that I never solved while I was on review. In fact, to this day, I still don't know what is that thing that appears to be protruding... ooops, I think I've said too much already! But seriously, sir is one of the most effective reviewers of CPAR for he presents solutions in an organized manner that students would easily understand. His write-and-erase-and-recycle-some-writings-on-the-board has shown a lot of easily discernible differences between different but similarly-looking transactions.

Sir Romeo Arejola, CPA (P2) - Sir is probably a genius. He sees transactions and problems in a very different manner. He derives his own solutions that are different and easier to understand to his students. Like Sir Bobads, he has showcased a lot of shortcuts too. Al though I've been his student once and I've already mastered the topic he was teaching then, he was still able to show a very different side of P2 without displacing how I knew about the transactions. In fact, I saw in his discussions the other side of the topics that I never saw elsewhere. He has shown how P2 transactions are multi-dimensional in a very apparent manner. :)

Atty. Dante De La Cruz, CPA (BLT, Tax) - Sir D, as he is fondly called, is the funniest reviewer ever. That's the reason why he became a favorite of many - including me. I love his humor - green, to be specific (although he claims he's wholesome!). Aside from his sense of humor, he is also a very effective reviewer. Through him, I learned to love Law a lot more! His favorite topic? Girls, girls, girls. His favorite motto? Behind every success of a man is a woman, therefore, you need to have lots of girls to be successful. There's a lot about him that I won't reveal anymore. It is for you to discover!

Unfortunately, I never got the chance to get to know the other Tax reviewers, Atty. Lopez, CPA and Atty. Jack de Vera, CPA. I wish I knew them but I didn't attend any of their classes at all. Sorry...

Probably one of the funniest friends of mine is Mannylene. She has been a friend of mine since grade school but not a single time in our lives did we have as much connection other than during the review. I believe she must be really eager reading this piece, for sure!

During our review, she stayed at Immaculate Conception Ladies' Hall, just few buildings away from CPAR. Mannylene is really funny for she often visits my dorm just to let her cellphone be charged in my room. She would often knock at my door, enter the room, closes the door, lock it and we'd have fun for a couple of minutes. It's a pretty quick quickie (but not the one your naughty mind is thinking of!!! whahahaha!!!!) Well, I would always think something else would happen for she often does this. However, during our 5-month stay in Sampaloc, nothing happened other than just mere conversations... How sad... hahaha!!! Just kidding!

Mannylene's review can be characterized as a combination of paranoia that she would often have during the entire time coupled with the hilarity she exudes. She would often pray a lot, asking from God that He'd let her pass the Board exam. At the same time, she wouldn't fail to make me laugh at her spontaneous jokes and the funny nature she bears.

Pre-Board Exam

I have never been surprised in any exam with any person other than during the Pre-board Exam with Mannylene. She was unprepared, had big bulging red eyes for not much sleep and a really really stressed-out face! I told her not to take the pre-board exam since it wasn't the actual board exam yet and that she looks so stressed out and paranoid that she needs to have sleep! But Mannylene pursued anyway. Surprisingly, she ranked 108th in the Pre-boards despite the fact that she's unprepared! That was funny! She didn't even expect that she will be able to answer the questions correctly! Her secret? She prayed while answering the exam...

Actual Board Exam

Mannylene is a really really anxious lady during the board exam. It just so happens that we were on the same testing center (Centro Escolar University) and I would often visit her at her room. At one point, she was really scared fearing that she might have shaded two items in the answer sheet and that her answers might be invalidated because of the fact that she erased some of her answers. She was panicking! She'd hand me her trash-can-like envelope (one that's really a big mess considering that she's a grown-up lady!) and would show how scared she was... She was totally hysterical to the point of almost deciding not to take the exams on 5 other subjects. I told her to calm down and just hope that her answers would not be invalidated. She did. Finally, she took the exams on all other subjects.

Results Day

October 20th was the results day. It was the judgment day for all who took the board exams recently. I was on our way home already at around 4 in the afternoon when Mannylene texted me: "Raymond, ilinga na kung pasado ako o bagsak ta naga-ibi na ako...(Raymond, pls determine if I passed or not coz I'm already crying...)" I told myself, "Gagang Mannylene. Ako na ngani su pauli tapos siya, yaon man sana sa Immaculate na aranihun man sana sa CPAR na kung sadin nakapaskil na kung sirisay ang pasado, dai pa ilingun kung pasado siya ta ako pa pailingun na nakalunad na ako sa Ford mi... (Stupid Mannylene, I'm already on my way home and she's just in Immaculate [near CPAR where the passers are posted], she won't even look at the results and yet she's compelling me to look for her name even though I'm already on my way home)" But despite the impatience growing in me I told her to calm down and just relax for I haven't seen the results yet.

So we stopped over at a town in Batangas and confirmed if Mannylene passed the board exam...

She did. I was very exultant for her! I texted her: "PASADO KA (You passed)." Mannylene replied, "Seryoso ka? (Are you serious?)" I replied, "Mapapamuda mo ako. Ata nang pasado ka... (You are making me badmouth you. I told you, you just passed...)" Finally, Mannylene stopped crying for she is now a CPA, a funny CPA that is!

Mannylene

Mannylene, the Funny CPA