People vs daniela 24 april 2003 robbery under the rpc

(People vs. Daniela, 24 April 2003)
Robbery under the RPC and Highway Robbery under PD 532
Presidential Decree No. 532 punishes as highway robbery or brigandage only acts of robbery
perpetrated by outlaws indiscriminately against any person or persons on Philippine highways as
defined therein, and not acts of robbery committed against a predetermined victim. If the robbers
have a specific target as their victim, it is robbery under the RPC and not under PD 532 even if the
same was committed on a Philippine highway. (Abay vs. People, 19 September 2008)

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Anti-Hazing Law (RA 8049)
Hazing is an initiation rite or practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing
or humiliating situations such as forcing him/her to do menial, silly, foolish and similar tasks or
activities or otherwise subjecting him/her to physical or psychological suffering or injury.
Required allegation in the Information for Hazing
The indictment merely states that psychological pain and physical injuries were inflicted on
the victim. There is no allegation that the purported acts were employed as a prerequisite for
admission or entry into the organization. Failure to aver this crucial ingredient would prevent the
successful prosecution of the criminal responsibility of the accused, either as principal or as
accomplice, for the crime of hazing. (Bayabos vs. People, 18 February 2015)
Hazing is not Illegal Per Se
Hazing is not prohibited under the law provided that there is (a) prior written notice to the
school authorities or head of organization seven days before the conduct of such initiations; (b) the
written notice shall indicate the period of the initiation activities which shall not exceed three days,
shall include the names of those to be subjected to such activities, and (c) shall further contain an
undertaking that no physical violence be employed by anybody during such initiation rites. Physical
violence and physical harm (like punching) is prohibited, but infliction of physical suffering without
violence and without resulting injuries (like push-ups and jogging) are not expressly prohibited.
The Anti-Hazing Law is an offense mala prohibita
The study of the provisions of R.A. No. 8049 shows that, on paper, it is complete and robust in
penalizing the crime of hazing. It was made malum prohibitum to discount criminal intent and
disallow the defense of good faith. (Dungo vs. People, 1 July 2015)
Hazing is an Offense of Secrecy
Through careful case-build up and proper presentation of evidence before the court, it is not
impossible for the exalted constitutional presumption of innocence of the accused to be overcome
and his guilt for the crime of hazing be proven beyond reasonable doubt. The prosecution must bear
in mind the secretive nature of hazing, and carefully weave its chain of circumstantial evidence.