MIRIAM SANTIAGO vs. GARCHITORINA, GR. NO. 109266, December 7, 1993

Doctrine:         

The doctrine of delicti continuado also known as continued crime. The court defined continued crime as to exist there should be a plurality of acts performed during a period of time; unity of penal provision violated; and unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and same instant or resolution leading to the perpetration of the same criminal purpose or aim.

FACTS:

Miriam Santiago, the petitioner in this case filed a motion for Bill of Particular in relation to the criminal case charged against her. In that Criminal case, it was alleged that the petitioner had violated Executive Order No. 324, when it approved the application of those aliens for legalization of their stay in the country, though these aliens are not qualified under the law. To that effect of the approval, she was prosecuted to be held accountable under R.A. 3019.

During the hearing of the motion for Bill of articular, the prosecutor manifested that they would file only one amended information. However, it turns out that the prosecutor had filed 32 Amended Informations against the petitioner.

Thus, the petitioner claimed that the Amended Informations did not allege that she had caused "undue injury to any party, including the Government, and could not be held accountable of those 32 Amended Informations.

 

The ISSUE in this case in relation to our subject is whether or not the petitioner Miriam Santiago is liable for the 32 Amended Informations instead of the single Information originally filed against her? 

 

HELD: 

In decision this case, the court reiterated the doctrine of delicti continuado also known as continued crime. The court defined continued crime as to exist there should be a plurality of acts performed during a period of time; unity of penal provision violated; and unity of criminal intent or purpose, which means that two or more violations of the same penal provisions are united in one and same instant or resolution leading to the perpetration of the same criminal purpose or aim. A delicto continuado consist of several crimes but in reality, there is one only one crime in the mind of the perpetrator.

In the case at the bench, the original information charged the petitioner with performing a single criminal act — that of her approving the application for legalization of aliens not qualified under the law to enjoy such privilege.

The 32 Amended Informations aver that the offenses were committed on the same period of time, i.e., on or about October 17, 1988. The strong probability even exists that the approval of the application or the legalization of the stay of the 32 aliens was done by a single stroke of the pen, as when the approval was embodied in the same document.

 

WHEREFORE, the Resolution of the Sandiganbayan is AFFIRMED. The Office of the Special Prosecutor of the Office of the Ombudsman is directed to consolidate the 32 Amended Informations.