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Results 1 to 13 of 49
April 24th, 2009 #1
REBIRTH (mild nudity) Close up UPDATED
some personal work...
Last edited by olivier_P; April 27th, 2009 at 05:09 AM.
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April 24th, 2009 #2
Pretty sweet.
April 24th, 2009 #3
Giant meat-womb. Awsome.
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April 24th, 2009 #4Registered User
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I think i must agree This is awesome. You wouldn´t happen to have some progress pics of this at different stages
April 24th, 2009 #5
No idea if it's just me, but the face looks like its being twisted unnaturally towards the viewer.
Post this in your signature if you believe people should not band wagon.
April 24th, 2009 #6
April 24th, 2009 #7Tattoo Artist
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Great work, human figure is very good.
April 24th, 2009 #8
DAAAYYYAAAMMMM!!! siiick!! MORE!!!
Obey the principle without being bound by it. LEARN, MASTER AND ACHIEVE!!!~ Bruce Lee
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April 24th, 2009 #9
Awesome. Sweet stickiness, made me retch a little when I first saw it . I agree about the head, at first I thought she was facing away from us, and I liked this impression better than after I noticed the face. I think there are enough interesting things in the image without it.
Thanks for sharing.
April 24th, 2009 #10
I really like the meaty stickiness of it.
April 25th, 2009 #11
Face look twisted a bit otherwise,pretty impressive detail :]
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April 25th, 2009 #12
How'd you get that wrinkled skin effect on the coccoon thing? That really sells it for me. I have to chime in however with the weird angle of the face. There's more mystery to the pic if she's looking away from us imo.
April 25th, 2009 #13
The cocoon would really fit into the Starcraft game (transformation of Kerrigan)
Looks reaaaaaly nasty.
Do you have some WIP pictures ? Or some high rez close ups ?


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Sony releases 3D upgrade for NEX cameras
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Sony has delivered on its promise of a firmware upgrade for NEX interchangeable lens digital cameras which brings 3D capability to Sweep Panorama mode. The company says the free upgrade also improves the normal 2D Sweep Panorama shooting, reduces power drain when the camera is off and delivers faster start-up in low-light conditions.
Read the full article: Sony releases 3D upgrade for NEX cameras
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The Nomination Committee (NomCom) administers the election process for the annual PASS Board of Directors election.
The primary role of the NomCom is to measure each candidate against a set of criteria set by the Board of Directors. The NomCom evaluates the answers to a questionnaire returned by each Board applicant. In addition, the NomCom as a group interviews each Board applicant who has passed the initial application process. The NomCom then presents a list of recommended candidates to the Board of Directors, which then approves the final slate.
The NomCom is composed of five members, including the NomCom Chairperson – this year, Immediate Past President (IPP) Bill Graziano – and another member of the Board of Directors. The PASS community will select the final three members of the NomCom via an election process.
To be eligible to serve on the NomCom, an applicant must have a demonstrable track record of volunteerism within PASS. This can include, but is not limited to, serving as a Regional Mentor, Chapter or Virtual Chapter Leader, Program Committee member, or speaker (at PASS Summit, PASS SQLRally, PASS SQLSaturday, or 24 Hours of PASS) or participating in other volunteer capacities.
The NomCom election process starts with an application. Applicants are screened by PASS HQ to ensure that the basic qualifications are met. The slate is then approved, and NomCom candidates can begin campaigning. All PASS members who have completed their myPASS profiles as of June 1, 2015, are eligible to vote. Three seats will be awarded as per appendix C in the application. The successful candidates to the NomCom will then begin the process of managing nominations for the Board of Directors general election.
Of the three full-term (two-year) seats up for election this year, two are regional seats. One regional seat represents US/Canada, and the second represents EMEA (Europe, the Middle East and Africa). The third seat is an Open seat with no regional restrictions. This process is designed to encourage balance, international influence, and local investment in PASS elections.
The voting ballot is a single ballot listing all candidates. The ballot indicates which seat(s) an individual is eligible to win. For a regional seat, the individual must reside in a given region to be eligible to win that seat. Anyone eligible to run in the election is eligible for the Open seat. Community members who are eligible to vote will be granted as many votes as there are seats up for election and may vote for whomever they choose – they will not be forced to cast one vote specifically tied to each seat. After all the votes are in, the regional seats will be awarded first, followed by the Open seat, and finally by any off-term seats (for example, if a Board member does not finish their term and that seat is added to the annual election process). Learn more about the process for awarding seats within the NomCom and the Board of Directors.
Please contact Janice Simpson with any questions.
The full five-member NomCom will be announced on July 22. The NomCom manages the Board elections process, qualifying, interviewing, and ranking potential candidates before submitting a final slate of recommended candidates to the current Board for approval.
Bill Graziano
An active member of PASS since 2001, Immediate Past President and NomCom Chair Bill Graziano previously served as PASS President, PASS Executive Vice President - Finance, Vice President of Marketing, and Program Director. He has also served as the Kansas City Chapter Leader. Bill has 17 years' experience as a database developer and DBA and has worked directly with SQL Server for the past 12 years. He is a partner in scaleSQL Consulting, which specializes in SQL Server database administration and application development. He also co-founded SQLTeam.com, a website for SQL Server developers and database administrators. Bill was recognized as a SQL Server MVP in 2004 and still holds that designation.
July 8: PASS NomCom applications open
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Tonight, Wallenda Will Attempt High-Wire Walk Over Niagara Falls
Originally published on Mon June 18, 2012 10:34 am
Nik Wallenda has successfully walked across Niagara Falls on a 2-inch-wide cable. As if there wasn't enough drama, he added a bit of last-minute mystery to his audacious attempt.
If you're not familiar with the story, Wallenda wanted to become the first person to walk across Niagara Falls on a tightrope. As ABC reports, it was a lifelong dream:
"Others have crossed the Niagara River itself, but never over the falls. Wallenda said that tonight's feat will be the fulfillment of a lifelong dream as well as a chance to honor his great-grandfather, legendary funambulist Karl Wallenda, who died after falling from a tightrope in Puerto Rico in 1978.
"Wallenda, 33, has called his great-grandfather his "biggest inspiration" and said he will be thinking of him during the stunt. The 1,500-foot walk between Goat Island in the U.S. side to Table Rock in Canada will be fraught with unforgiving natural conditions: blinding mist and drafts created by the force of the waterfalls crashing down on the Niagara River.
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August 2010 Parent Group #26
Started by catalyst , Mar 29 2012 09:20 AM
173 replies to this topic
Posted 29 March 2012 - 09:20 AM
New thread time ladies
Posted 29 March 2012 - 12:45 PM
Posted 29 March 2012 - 06:34 PM
Posted 31 March 2012 - 06:54 PM
Hmmm how long till everyone else comes back? Sure getting quiet in here
ETA - Been a very busy week here. Madly cleaning house, getting carpets done as the professional photographer came and the house is now officially for sale. Also ran a garage sale today. It sucked. I put it in the local paper, and didn't even sell enough to cover the cost I was really hoping I could bring some cash into the household quite disappointed. People just didn't come, and we aren't located on a thoroughfare so just got missed it seems. Have packed up majority for the op shop but will be listing a select few on ebay where hopefully I will have more luck. Am quite worried about our house selling so am saying 'our house will sell quickly' at least 3 times a day to hopefully create some positive vibes.
Meanwhile at the block they have started framing works and we now have power. On Monday there should be some walls up!!
Paigey is doing well, got her 14th tooth. Am giving up on the cloth nappies as her bladder control is improving but when she does let go it's too much too quick for the cloth to absorb. I'm really very sad that I have to abandon cloth, but have to say it's been nice the past 3 days not worrying so much about more frequent changes, and washing/putting together nappies!
Edited by Skip to my Lou, 31 March 2012 - 07:01 PM.
Posted 03 April 2012 - 10:10 AM
Positive vibes with house selling to STML and Mel with her Uk apartment.
I'm just boring ladies. I'm so sorry. Took on a new role (50% of my time) and I am really not liking it so far. It's making me sad cat. For the first time in a long time I had the Sunday night Wahhhhssss.. So sad. Anyway I will get over myself and get on with it, it has been a while since I felt like people around the world were throwing me instructions about things that I have no idea about.
Anywayz... Pickles is now walking. I saw him walking/running out of the room instead of doing his normal bear crawl. OH THANK GOODNESS!!! Daycare said that he is much better now and does not throw tantrums since he came back from Singapore. This coincides with him walking. They said that they had the music guy come in yesterday and he was dancing and running right up to the front and singing. He does this fist pump thing as dancing. It's fricking hilarious.. lol.
What's up with everyone else? How's M4SS, Roughdiamond (sorry C you'll always be roughdiamond to me) how's your medical tests and everything??
Posted 03 April 2012 - 10:12 AM
STML i found garage sales a waste of time in general. People rock up and demand things marked at $10 for $1. That's my experience. Have you looked at Laverton markets or that kind of second hand markets? I found that those places things will go.. Also look at Gumtree as well.
I had someone near your area asking me about my Bumbo when I advertised.
Posted 05 April 2012 - 11:28 AM
Oops good work... double post!
Edited by shopgirl76, 05 April 2012 - 11:31 AM.
Posted 05 April 2012 - 11:30 AM
Lou, my grandma offloads all kinds of crazy crap at second hand markets down around your way... I wonder if that's any use to you? Though I am sure you would have to pay to sell in the first place so may not break even... I get defeated when I think of all the stuff I could sell too, because I just think it wouldn't be worth the effort. Oh, and try Gumtree instead of eBay as I'm so OVER eBay robbing you so blind on selling fees it's hardly worth bothering!!
LOL rant over!
We are good... sorry I've been very MIA... we are getting closer to moving day, probably less than 3 weeks now, but the new place currently has NO carpet, NO kitchen and NO curtains/blinds (and I have already accepted we are going to have to move in without these ) Thank goodness almost every window has a canvas awning, and that it's not the height of summer! Kitchen is about 2 weeks away and carpets are apparently going in over the long weekend - yippee!!
On the plus side, it's painted, we LOVE the colour, the old carpets and kitchen have been ripped out, and we are now in the process of cleaning so we can start moving little things across ... AND we rented out our current place so looking good for me not to have to go back to work before the baby arrives I've still gotta get the novelty toilet seat out of the downstairs bathroom and remove the disabled access rails . Ooh ooh, and we're getting a window splashback, so there will be a wide but short window behind the cooktop which should look AMAZING!! The kitchen desperately needed more light so fingers crossed this makes a huge difference... and I can then have NATURE as my splashback
All tests and scans were great with new bubba... poor thing, I barely have time to acknowledge him/her some days - better start kicking to remind me, hehe... and in 5 weeks we can find out what we're having so that should help with the bonding/connection somewhat. I am rrrreeeaaalllyy anxious to know
Sorry that's a big mememe update but now you don't have to wonder why I haven't been around !
Happy Easter to everyone!! xx
Posted 05 April 2012 - 02:24 PM
^^ Your post about the novelty toilet seat is WORTHLESS WITHOUT PICTURES!
Please be posting a pic cos I want to cry with laughter. ROFL.
Posted 06 April 2012 - 08:45 AM
I was wondering why I wasn't getting any email notifications of posts then thought I'd check and the previous thread was closed
All going well here. Daylight savings ending has meant I am not getting any sleep ins as Mr J is waking at 6 most mornings
I have my 12 week scan next Friday - can't wait to see the bubba who has been giving me a lot of grief in the afternoon! Still feeling most afternoons and evenings (starts around 3pm and lasts until bedtime). It hasn't been as bad this week so fingers crossed it will go away completely soon!
Oh and we have booked a holiday to Fiji in July , so I really hope the morning (afternoon) sickness is well and truly gone by then!
Posted 08 April 2012 - 12:48 PM
Hoppy Easter everyone!
Posted 12 April 2012 - 10:25 AM
I'm still here
Just been busy with Noah etc. His sight is worse than we thought in the better eye and he has a limited field of vision as well.
Samuel is good he is a terror and gets into all kinds of mischief!
Posted 14 April 2012 - 05:35 PM
Hope everyone had a lovely Easter. I don't think Jackson needs any more choclate until next Easter
Had my 12 week scan yesterday and all is well Bub is measuring 13 weeks - which puts the dates back to what I first thought
I'd add a pic but haven't uploaded them to photobucket yet and am just about to head out for a friends birthday dinner.
Hope everyone is well and all the kiddies are being good LOL Mine is currently at the study door screaming his head off
Posted 19 April 2012 - 11:50 AM
C'mon Heidles where's that pic???
All going Ok here, very busy busy. P has entered the clingy stage. Grrr. drop offs at childcare had been fine now she starts crying as we get to the door and won't let go. Hate that. She doesn't cry for long after I go (I stand beside the door listening) but it still kills me. Her cry is just such a sad sounding one. She is always hanging around me at home now too - and wanting lots of quick cuddles. Can't wait until this stage ends, lasted a while with F so hope P gets over it quicker. I can't even check the mail without her carrying on. She sounds like some Italian in a bad movie 'MA-Maaaaaaa, Maaa-Maaaaaaa' like her life is ending.
Otherwise all good, she seems to eternally be snotty, and has worked out how to climb out of her cot - took her longer cos her legs are little hahaha. Now that we are using disposable nappies I am doing a lot of 'toilet' talk hoping to spark some interest but think it is still ages away.
Hope you are all great xx
Posted 19 April 2012 - 12:05 PM
Hi y'all!!
Been busy lately and sometimes just cb* at the end of the day iykwim
skip How is you build house going? Guess I could just look on your blog to find that out hey ?
Is your other house on the market yet? I may to see if I can find it
Lex is that Essy you are talking about with the UK apartment? Not being on fb I really don't know that many 'real' names!
How is your Grandmother going?
Heidles I hope your ms eases soon, sure don't miss that. Do you have a cute bump yet? Glad your scan went well.
SG you too, how's the bump? I'd like to see pics of these bumps please I like to look at them (not in a weird creepy way) and feel relieved it's not me
Have you moved yet or are you right in the middle of it as we speak?
KMA How is your bump going? How was your cruise?
Anyone know how Millie is going with her bundle?
IAC Sorry to hear about Noah, how is he coping with it? Did he always have poor vision or did it just deteriorate?
Hope you are well yourself
AFU DD1 turned 12 at the start of March still cannot belie I am a mum to an almost teenager, totally spins me out sometimes
We've had sickies here in the last several weeks, very ugly so I'll stop there.
DD3 is loving school and yesterday all 3 walked home together by themselves from school. DD2 gets dd3 from her classroom and they all meet up at the office, so it's good to know that they can do it now.
DD1 & 2 started riding their bikes to school the only issue I have with that is after school dd3 would be walking so a bit of a catch 22 there.
Taj is going great, doing all the mischievous boy stuff we are not used to , he's a climber and his latest conquer it the dining table and our bed, we just cannot take our eyes off him now. He also reaches up on the kitchen bench and grabs anything so we really need to be careful with his allergies.
We walk to school most mornings and I let him walk home (just under 1km) to get rid of some energy so he'll sleep longer he does so well and stops to wave at cars, buses and trucks saying "See ya!" as they go by though he does not like holding my hand when we cross the roads, tough titties kiddo!
I had my mirena removed on March 7th and I feel much much much much better, though now it means dh and I have to be very careful. We have agreed dh will get a vasectomy (well I think dh agrees, he says he will ring and talk to a urologist we have the name of). He wants to be asleep when it happens which I understand.
The only down side now is I haven't had a period since the removal 43 days ago! I have horrible pains in my back (for more than 2 weeks now!) and feel like its imminent though nothing. Actually I just spoke to my gynae as I was tying and she asked the obvious question and I said no (dh bought a test yesterday though we both knew it would be negative we just had to rule it out ans any professional would ask the question) anyway she said to keep an eye in things for 3-4 months and if af still hasn't arrived to go and see her.
Next Friday I have a renal u/s to check on the lump in my left kidney and I see the urologist in May. So a bit going on, as usual
Hope everyone is well and just busy with everyday life.
Posted 20 April 2012 - 01:10 PM
M4SS - Build is going great - roof trusses up and all now, I am really happy with how it is looking so far - so scary when it's our own design, relieving to see it looking ok. There are some recent pics on the blog, and I plan to update the blog again tonight.
My house is on the market - will email you the link.
Goodluck with all your tests and things coming up you poor thing xx
I'll answer another questions you asked too - It is Essy who is selling her UK apartment
Frenchgirl has left Paris on her way back to Aus, and KK is moving back in approx 6 weeks too.
Posted 22 April 2012 - 08:03 PM
Yah it's Essy (Mel)...
Fingers crossed for everyone.
Posted 23 April 2012 - 09:10 PM
Posted 29 April 2012 - 02:50 PM
Posted 29 April 2012 - 03:36 PM
Posted 29 April 2012 - 08:04 PM
Posted 30 April 2012 - 11:00 AM
Hate housework
I don't want to do it Don't make me do it
If everyone just looked up you won't see the floors, problem solved
Posted 30 April 2012 - 01:19 PM
I can laugh cos I've just finished mine
Posted 30 April 2012 - 02:22 PM
Floors are done
Snotty boy wanting my attention
Posted 01 May 2012 - 01:52 PM
Hi galsss!!
Yep, busy busy busy,,, moving took for-EVER - that is, getting all the stuff out of the old house took forever Why do we have so much crap? It has now completely filled the garage here, waiting to be sorted through.
But we are in the new house now and E has her very own room... There is junk everywhere, a lot of which is because I am too tired all day every day to carry things upstairs
We have spent the first 10 days without a kitchen, today the kitchen is going in but not the benchtop, so still no sink or cooktop for another week or so... grrr... at first it was 'fun' like we were camping or on holidays somewhere with limited facilities, and now it is just p*ssing me off badly... You have no idea how much you do with a kitchen that you miss when you can't do it!! And we have had enough takeaway, microwave dinners, and MIL's cooking to last a lifetime!!
Anyway all of that aside we are really excited to be in a quiet location in a place with so much potential to create the home we always wanted to have. So I really should stop complaining
In other news I am now, what? Almost 19 weeks pregnant... OMG that has disappeared with all of the other activity going on in our lives OB did a scan last week and the baby was SO much bigger than when I had seen it 5 weeks prior. All looking good and my 20 week scan is early next week so we get to find out what we are having, though my OB is quite sure she could tell, and has told me, but we want to wait for the 'official' scan, LOL.
Lou your place looks so good! You must be thrilled to see it coming together. Our kitchen is the same, on a smaller scale - it was made to our design (mainly mine!)
Heidles and KMA (where have you been hiding??) I hope you girls are feeling good and growing nicely.
M4S No bump photos this time around (that is kinda creepy btw ) ... I just feel enormous already and definitely started a bit behind where I was in weight when I was pregnant with E .
I'm actually wishing it away a bit, this time. I really enjoyed my first pregnancy but not this time, probably because we have been so busy with really physical work, and you can't just rest and think of yourself when there's a toddler in the picture!!
Hey is anyone thinking about transitioning to a 'big' bed just yet? Is it too soon? I have no idea!!
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380 PHILIPPINE LAW JOURNAL against the Iatter.v' But the principle of interpreting insurance contracts favorable to the insured is applicable or limited only in cases of doubt, but not when the intention of the policy is clear.22 And where the language is sufficiently clear to convey the meaning of the parties, they shall be enforced in the precise terms in which they are expressed and nothing ought to be imported into the contract by construction contrary thereto.s" Since accident insurance is pre- cisely intended to furnish indemnity against accidents and death caused by accidental means, the language of the policy must be con- strued with reference to that purpose.s+ There can be no doubt, therefore, that under the rules of interpretation and construction of contracts, plaintiff could not recover. Criminal Law-The accused is liable for all consequences of his wrongful act. PEOPLE vs. PIAMONTE, ET AL. G. R. No. L-5775, Jan. 28, 1954 The accused is liable for all direct, natural, and logical conse- quences of his unlawful act.' Under this rule, two situations can be distinguished. First, where the wro.ngful act of the accused ac- celerates, or contributes to, the action of a physical condition of the offended party existing at the time of the commission of such wrong- 21 Young 'Y. Midland Ins. Co., (1915) 30 Phil. 617; Caceres Y. The New India Assurance Co., (CA) 36 OG 3114, cited in Espiritu & Alvendia, Philippine Com- mercial Laws Annotated, p. 409. 22 San Francisco del Monte Pictures Inc., Y. Glen Falls Ins. Co., (1941) 400G 4628. 23 Young and Caceres Cases, supra, note 21. 24 Healy Y. Ace. Ass'n (1890) 25 NE 52, 8 LRA 371. 1 Criminal liability shall be incurred: 1. By any person committing a felony al- though the wrongful act done be different from that which he intended." Art. 4, par. 1, R.P.c. US. Y. Sornito, 4 Phil. 357 (1905); US. 'Y. Navarro, 7 Phil. 713' (1907); US. 'Y.Brobst, 14 Phil. 310 (1'909); U.S. 'Y. Monasterial, 14 Phil. 391 (1909); US. v. Zamora, 32 Phil. 218 (1915); People 'Y. Almonte, 56 Phil. 162 (1935); People 'Y. Cornel, 44 O.G. 3803 (1947); U.S. v. Valdez, 41 Phil. 497 (1921); People 'Y. Cago- co; 58 Phil. 524 (1933); People 'Y. Rellin, 44 O.G. 1820 (1947); People 'Y. Martin, G.R. No. L-3002, May 23, 1951; US. 'Y. Rodriguez, 23 Phil. 22 (1912); os. 'Y. Lu- ciano, 2 Phil. 96, (1903); US. v. Lugo, 8 Phil. 80 (1907); People 'Y. Reyes, 61 Phil. 341 (1935); People v. Genones, 61 Phil. 382 (1935); People 'Y. Ski Bonkia, 60 Phil. 1 (1934); People 'Y. Vagallon, 47 Phil. 332 (1925); People 'Y. Tumo, 47 Phil. 490 (1925); People 'Y. Bindoy, 56 Phil. 15 (1931); People 'Y. Montes, 6 Phil. 443 (1906); V.S. 'Y. Embate, 3 Phil. 640 (1904); US. 'Y. Maysa, 8 Phil. 597 (1908); US. v, Diana, 32 Phil. 344 (1915); Pepole 'Y. Barbano, 76 Phil. 702 (1946); U.S. 'Y. Escalona, 12 Phil. 54 (1908); U.S. 'II. Baoit, 15 Phil. 338 (1910); U.S. 'Y. Gonealee, 4 Phil. 487 (1905); U.S. 'Y. Regis, 2 Phil. 113 (1903); U.S. 'Y. Bertucio, 1 Phil. 47 (1902); U.S. v. Capaducia, 4 Phil. 365 (1905); US. ". Bayutas, 31 Phil. 584 (1931). RECENT DECISIONS 381 ful act, or vice versa, in producing the consequence in question.s Second, where the wrongful act of the accused starts a chain of events culminating in the consequence in question." Such chain of ev.ents may take place because of the lack of medical attendance.s or in spite of its presence," or even because of its presence (that is, medical attendance itself is one of the links in the chain of events) ; 6 these circumstances are immateria1 to the rule." The second situation was present in the case of People v. Pia- monte, et al.8 In that case, the chain of events were as follows: 1) the victim was wounded by the accused ; 2) the victim was oper- ated on to save his life, which operation was a success, but his wounds, as well as the operation, weakened him; 3) his weakened condition caused a disturbance in his intestines; 4) the disturbance in his intestines made it possible for him to contract mucuous colitis, which he in fact contracted; 5) the mucuous colitis caused his death. The Supreme Court held that the act of the accused was the pro- ximate cause of death.s : ,,·;t!:':i~j 2 The physical condition may be a .disease, See People v. Rellin, 44 O.G. 1820 (1947); People ,... Martin, G.R. No. L-3002, May 23, 1951. The wrongful act may accelerate or contribute to, the action of such physical condition in producing the consequence. See US. 'V. Luciano, 2 Phil. 96 (1903); US. 'V. Lugo, 8 Phil. 80 (1907); People 'V. Sia Bonliia, 60 Phil. 1 (1934); People 'V. Tumo, 47 Phil. 470 (1925); People v. Illustre, 54 Phil. 594 (1930); U.S. 'V. Embate, 3 Phil. 640 (1904); US. 'V. Gonzalez, 4 Phil. 487 (1905); People 'V. Rodriguez, 23 Phil. 22 (1912). Conversely, the physical condition may accelerate or contribute to, the action of the wrongful act in producing the consequence. For instance, the victim, being a tuba addict, was of so weak a constitution that his wound did not heal in a lesser number of days. See US. 'V. Bayutas, 31 Phil. 584 (1931). The situation or physical condition of the injured party cannot limit or reduce the degree of evil caused. US. v. S ornito, 4 Phil. 357 (1905); US. v. Capaducia, 4 Phil. 365 (1905). I I 3 U.S. v. Navarro, 7 Phil. 713 (1907); US. v. Brobst, 14 Phil. 310 (1909); People v. Almonte, 56 Phil. 54 (1931); People v, Quiamzon, 62 Phil. 162 (1935); People v. Cornel, 44 O.G. 3803 (1947); People v, Barbano, 76 Phil. 702 (1946); US. 'V. Valdez, 41 Phil. 497 (1921); People v. Cagocco, 58 Phil. 524 (1933); People v. Reyes, 61 Phil. 341 (1935); People v. Genones, 61 Phil. 382 (1935); People v. Turno, 47 Phil. 490 (1925); U.S. v. Montes, 6 Phil. 443 (1906); US. v. Escalona, 12 Phil. 54 (1908); U.S. 'V. Regis, 2 Phil. 113 (1903). ,j, U.S. 'Y. Escalona, 12 Phil. 54 (1908); U.S. v. Baoit, 15 Phil. 338 (1910); US. 'V. Bertucio, 1 Phil. 47 (1901). 5 U.s. 'V. Navarro, 7 Phil. 713 (1907); People v. Almonte, 56 Phil. 54 (1931); People v. Quianzon, 62 Phil. 162 (1915); People v, Genones, 61 Phil. 382 (1935); among others. 6 In People v. Quianson, 62 Phil. 162 (1935), improper treatment of the wounds caused death of the victim. 7 ct. cases cited under footnotes 4, 5, and 6. 8 G.R. No. L.5775, Jan. 28, 1954. 9 Compare the case under comment with the following cases wherein the Supreme Court held that the act of the accused was the proximate cause of death: U.S. Y. Somite, 4 Phil. 357l (1905): The accused gave several blows to the de- ceased. The latter fell to the groOundand was taken to the nearest house and put on 382 l'I'ULrrrINEj LAW JQURNAL The holding of the Supreme Court, taken together with pre- vious decisions, clarifies the extent of the proximate cause rule in criminal law. It appears that, as long as the consequence can be traced through a chain of events from the act of the accused, said accused would be liable for such consequence. Rulings on this point in this jurisdiction seem to point out only two exceptions, namely: 1) where the consequence arose from the fault or carelessness of the assaulted party; 10 and 2) where the consequence arose from in- bed. He was bleeding in the mouth and nose, had a high fever, and was unconcious. He never arose until his death 8 days later. Held: death resulted from the blows. U.S. v. Navarro, 7 Phil. 713 (1907); Death was caused by hemorrhage and ner- vous concussion or condition following the wounding of the victim. U.S.v. Brobst, 14 Phil. 310 (1909): Victim was hit early in the morning and not long afterwards died at the door of his sister's house 200 yards away. People v, Almonte, 56 Phil. 54 (1931: The victim _waswounded and while under- going treatment walked around in his hospital room due to his nervous condition. This caused hemorrhage which in turn caused his death. People v. Quianzon, 62 Phil. 162 (1935): While his wound was being treated, the victim removed the drainage tube due to his nervous condition, which act was con- tributory to his death. Accused held liable for such death. People v. Cornel, 44 O.G. 3803 (1947): The wound of the victim was infected with tetanus from which he died several days later. People v. Barbano, 76 Phil. 702 (1946): The offended party suffered a stab wound involving the heart and left lung, which produced pneumonia, from which he died about a week later. U.S. v. Valdez, 41 Phil. 497 (1921): The accused attacked the deceased while beth were en a boat. The deceased, because of his fright, jumped into the water and drowned. People v. Cagoco, 58 Phil. 524 (1933): The accused hit the deceased, from which blow the deceased fell. The latter's head hit the pavement and he died as a result thereof. U.S. v. Rodriguez, 23 Phil. 22 (1912): The accused struck the victim in the stomach. The victim got up with the help of two witnesses, but had gene only 20 brazos when he again fell down and died. People v. Reyes, 61 Phil. 341 (1935): The victim's wound caused shock, from which he later died. People v. Genones, 61 Phil. 382 (1935): The accused gave the victim a blew en the cheek, as a result of which the latter fell. By r«;asonof the fall, the victim had an abortion accompanied by hemorrhage, from which she died. People v, Sia Bonkia, 60 Phil. 1 (1934): The accused maltreated the victim, as a result ,of which the victim collapsed and died. People v, TUTInO, 47 Phil. 490 (1925): Blows given b~ the accused to the victim caused internal hemorrhage which in turn caused death. U.S. v. Montes, 6 Phil. 443 (1906): The accused struck the victim across the back with some instrument and also kicked him in the abdomen. These blows ruptured the spleenic artery, which caused internal hemorrhage, which in turn caused death. U.S. v. Escalona, 12 Phil. 54 (1908) : The victim was wounded on the wrist. This was fellowed by a fever from which he died 60 days later. U.S. 'Y. Regis, 2 Phil. 113 (1903): The victim's wound weakened him. As a re- sult, he contracted diarrhea from which he later died. 10 U.S. v. Navarro, 7 Phil. 713 (1907), citing the decision of the Supreme Court of Spain of May 30, 1892, excepts consequences which owe their origin to acts or RECENT DECISIONS 383 cidents entirely foreign to the act executed.P The above holding further clarifies the distinction between the proximate cause rule in criminal law and the proximate cause rule in tort law,12 Criminal Law-Nullum crimen, nulla. poena sine lege. PEOPLE v. GARCIA G. R. No. L-5631, April 27, 1954 PEOPLE v. QUE Po LAY G. R. No. L-6791, March 29, 1954 There is no crime committed unless the act is penalized by law prior to its commission.' This was affirmed by the Supreme Court in the cases of People 'v. Garcia 2 and People v. Que Po Lau» In the former case, the defendant was charged with selling tickets for paired-number races (popularly known as "llave") of the Philippine Charity Sweepstakes, allegedly in violation of Act No. 4130 as amended by Com. Act No. 301. The Supreme Court held that tickets for "Have" races of the Philippine Charity Sweepstakes are different malicious omissions imputable to the assaulted party. u.s. v. Monasterial, 14 Phil. 391 (1909), excepts consequences which originate through the fault or carelessness of the injured person, 11 u.S. v. Monasterial, supra, excludes from the rule those consequences which are due to incidents entirely foreign to the act executed. u.S. v. Regis, 2 Phil. 113 (1903), excludes consequences which are due to ex- traneous causes. 12 It is apparent that, outside of the two exceptions mentioned above, the tort law doctrine of "efficient intervening cause" has no application in criminal law, 1 "No felony shall be punishable by any penalty not presscribed by law prior to its commission." Art. 21, RP.C. "Whenever a court has knowledge of any act which it may deem proper to re- press and which is not punishable by law, it shall render the proper decision, and shall report to the Chief Executive, through the Department of Justice, the reasons which induce the court to believe that said act should be made the subject of penal legislation." Art. 5, par. 2, RP.C. "Without prejudice to the provisions contained in article 22 of this Code, felonies and misdemeanors, commitred prior to the date of effectiveness of this Code, shall be punished in accordance with the Code or Acts in force at the time of their commission." Art. 366, RP.C. Offenses which constitute a sin against morality but which are not crimes under sanction of criminal law are not punishable. People v, de la Cruz, 48 Phil. 533 (1925). It is an elementary rule in penal law that no one should be punished for the commission or omission of an act not prohibited by law and for which no penalty has been established. U.s. v. Olsen, 36 Phil. 395 (1917). See also: U.S. v. Caballeros, 4 Phil. 350 (1905): Manila Electric Company v. Halili, 57 Phil. 795 (1933); People 'V. Rivera, 58 Phil. 933 (Unpublished Decision) (1933); U.S. v. Macasaet, 11 Phil. 447 (1908); U.S. v. Cuna, 12 Phil. 241 (1908); U.S. v. Yam Tung Way, 21 Phil. 67 (1911); U.S. v. Tldylor, 28 Phil. 599 (1914); People v. Moran, 44 Phil. 387 (1923); People Y. Carballo, 62 Phil. 651 (1935). 2 G.R No. L-5631, April 27, 1954. 3 G.R No. L-6791, March 29, 1954. 384 PHILIPPINE LAW ,TOURNAI.. from tickets issued by said corporation. N or are they tickets not issued by it which represent, or tend to represent, an interest in tickets issued by said corporation. Since the law relied upon does not include "Have" tickets, and there being no other statute penaliz- ing the act of the defendant, the case consequently was dismissed. In the latter case, the defendant was charged with violating Circular No. 20 of the Central Bank of the Philippines. This cir- cular requires possessors of foreign exchange consisting of U.S. dollars to sell the same to the Central Bank within one day follow- ing the receipt of such foreign exchange. The defendant relied upon the theory that since said Circular No. 20 was not published in the Official Gazette prior to the omission in question, said circular had no force and effect. The Supreme Court sustained the defendant, and held that said Circular No. 20, having been issued for the im- plementation of the law authorizing its issuance, took effect, ac- cording to settled jurisprudence, on the fifteenth day after the com- pletion of its publication in the Official Gazette» Therefore in the eyes of the law, there was no such circular violated, and the defen- dant committed no offense." Criminal Law-Circumstances affecting criminal liability. PEOPLE v. MAURILLO G. R. No. L-6480, April 12, 1954 PEOPLE v. ALUNDAY, ET AI... G. R. Nos. L-6021-6022, April 12, 1954 PEOPLE V. LAGAY, ET AL. G. R. No. L-5112, May 14, 1954 PEOPLE v. FRANCISCO G. R. No. L-5900, May 14, 1954 PBOPLE v. MANANTAN G. R. No. L-5547, April 29, 1954 PEOPLE v. LOSEOand RAMOS G. R. Nos. L-5508-5509, April 29, 1954. Although the circumstances which affect criminal liability may be confined within the provisions of the Revised Penal Code on jus- tifving, exempting, mitigating, aggravating and alternative circum- stances/ the facts which may fit into those provisions are so varied that the Supreme Court is never in want of a case which presents the challenging question as to whether one or the other circumstance attended the commission of the crime. In the case of People v. Maurillo,z the accused attempted to prove that the deceased struck him with a pestle, but having dodged ·1 "Laws take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided." Art. 2, Civil Code. S "Acts and omissions punishable by law are felonies." Art. 3, R.P.C.. Hence the third element of a felony is that the act or omission must be punishable by law. See A PADILLA, CRIMINALLAW (1953), 25. This requisite is ascribed to the old maxim "nullum crimen, nulla poena sine lege". Guevarra, Commentaries on the Revised Penal Code (1931) 9. 1 Articles 16-17, respectively. 2 G.R. No. L-6480, April 12, 1954. RECENT DECISIONS 385 the blow, he thereupon got his bolo and hacked his assailant to death. Was there self-defense'? The Supreme Court held that there was none. It was improbable," according to the Court, for the accused to have dodged the mow because the accused himself testified that the deceased struck without warning and while he was standing at close range." In the case of People v. Alundsu), et al.,5 the accused, charged with robbery in band with homicide, alleged that. they were made to join the band by force." The prosecution contended that their claim should be discredited because: 1) they could have easily es- caped; 2) they received 'P10 each as their share of the loot; and 3) the other members of the band would not have taken them along in the commission of the crime in question, for said members of the band would not have had any confidence in them. The Supreme Court rejected this contention, holding that: 1) it was not shown how the accused could have escaped; 7 2) the receipt of 'P10 each 8 3 In pleading self-defense, the defendant, having admitted the authorship of the death 'of the deceased, must, in order to avoid criminal liability, prove the justifying circumstance claimed by him, by clear and convincing evidence. People v. Tolentino, 54 Phil. 77 (1929); People v, Apolinario, 53 Phil. 586 (1933); People v. Gimena, 59 Phil. 509 (1934); People v. Ansayon, 75 Phil. 772 (1946); People v. Bauden, 43 O.G. 2020 (1946); People v. Berio, 59 Phil. 533 (1934); People v. Barbano, 76 Phil. 702 (1946) . 4 In the case .of People Y. Ramos, G.R. No. L-5843, May 17, 1954, the Supreme Court held the claim of self-defense to be improbable because it was proved that the deceased was unarmed when the accused attacked him. See also U.S. v. Carrero, 9 Phil. 544 (1908); People v. Minda, G.R. No. L-4212, March 27, 1952. In the case of People v, Dado, G.R. No. L-5774, March 22, 1954, the defendant claimed that the deceased approached him and gave him a fist blow on the belly. The deceased then pulled something from his undershirt, which the accused believed to be a revolver, and while the deceased thus held the revolver and pointed it at the accused, the latter held the former's hand with his left, and with the right pulled out a balisong with which he stabbed the deceased. This theory was rejected by the Supreme Court as inherently improbable, for it would have been impossible for the defendant to have opened the balisong with one hand as he held the deceased with the other. Moreover, not only was there no evidence that the deceased was holding) a revolver, but there was also lack of motive on his part to attack the accused. For other cases where the theory of self-defense was discredited for improbability, see People Y. Neddo, G.R. No. L-5880, April 29, 1953 and People v. Gammac, G.R. No. L-5197, Aug. 28, 1953, commented on in Survey of Criminal Law-1953, by Luis R. Mauricio, XXIX Phil. Law Journal 61, 65; see also People v. Minda, G.R. No. L- 4212, March 27, 1952, commented on in Criminal Law-1952, by Rafael Hernaez and Ponciano Mathay, XXVIII Phil. Law Journal 41, 46. 5 G.R. No. L·6021-6022, April 12, 1954. ~ The defense invoked compulsion of an irresistible force. Art. 12, par. 5, R.P.c. 7 Not taking advantage of an opportunity to es.capewould negate compulsion of an irresistible force. People v. Tan, G.R. No. L-2096, February 6, 1951; People v. Raga- nit, G.R. No. L-2174, April 18, 1951. 8 Sharing in the loot may also show conspiracy. See People v, San Luis, G.R. No. L-2365, May 29, 1954. 386 PHILIPPINE LAW JOURNAL out of the large loot showed how insignificant was their role in the band, and besides, they could not have refused to receive it; and 3) the members of the band would not have cared what sort of per- sons served them; being instruments of terror, they would not have hesitated to us any person, confident that there would be no resis- tance.? Where the accused gave himself up and turned in his weapon only after a police officer had intervened and ordered him to stop, should the mitigating circumstance of voluntary surrender be con- sidered in his favor? The Supreme Court, in the case of People v. Ramos,10 held that it should not be considered as such. This is ne- cessarily so because voluntary surrender must be spontaneous 11 and will not be taken into consideration if the defendant was in fact arrested.'> The aggravating circumstance of dwelling is one of those cir- cumstances into which a great variety of facts may fit in.13 Thus 9 Passing upon a similar case, the Supreme Court upheld the defense or irresistible force where the source of the force, the Hukbalahaps, "were ruthless killers or execu- tioners and were in a mood to inflict extreme and summary punishment for disobed- ience to their command," and where "the place was isolated, escape was at least risky, and protection by lawfully constituted authorities was out of reach." People v. Regala, G.R. No. L-1751, May 28, 1951. See also People v. Godinez, 45 O.G. 2524 (1947); People v. Bagalawis, 44 O.G. 2590 (1949). On the other hand, the Supreme Court, in the case of People v. Manza.nida, G.R. No. L-5706, Jan. 29, 1954, found from the proven circumstances that there was no irresistible force. The accused was charged with treason for serving as a Japanese spy. He argued that he was himself a prisoner of the Japanese and was taken along with them as servant, cook and "cargador". The Court answered this by saying that "* * * it was not likely that Japanese patrols, needing every soldier to capture and even fight guerillas, would be taking along with them prisoners suspected of being guerillas themselves, because in that case, such prisoners would only be a liability instead of an asset, necessitating an extra soldier or soldiers to guard them, including space at the motor vehicle when used by the patrol to go to distant places." See also People v. Moreno, 43 O.G. 4644 (1946); People v. Munoz, 45 O.G. 2471 (1947); People v. Ponce, G.R. No. L-5706, Jan. 29, 1954. 10 G.R. No. L-5843, May 17, 1954. 11 People v, Timbol, G.R. Nos. L-47471-47472, August 4, 1944; People Y. Coney, G.R. No. L-4224, Dec. 28, 1951. "Voluntary surrender is not available as a mitigating factor where it does not ap- pear that it was the offender's own idea to send for a police to give himself up. This ruling seems to be unduly harsh. Why should it make a difference who originally con- ceived of the surrender, so long as the offender actually gave himself up before arrest? The law requires that the surrender be voluntary and not the result of capture or arrest. It is not necessary-it would be unrealistic to require-that it be spontaneous. Assum- ing that voluntary surrender, like plea of guilty, is mitigating because it indicates re- pentance, still repentance loses none of its moral and physical force because it was first suggested by another." Criminal Law: Criminal Liability and Specific Crimes, By Florentino Feliciano and Antonio Ceniza, XXVII Phil. Law Journal 277, 288. 12 People Y. Conwi, 71 Phil. 595 (1941). 13 Insofar as the aggravating circumstance of dwelling (Art. 14, par. 3, R.P.c.) is concerned, the problem seems to divide itself into only three main questions. First, there is the question as to whether a specific spot mayor may not be considered part RECENT DECISIONS 387 in the case of People v. Lagay, et al.,14 one victim was attacked in- side the house, but having fled, was pursued and finally killed out- side the house.P In the case of People v. FramciecoJ» the accused threw a lighted stick of dynamite inside the house of his victim.!? In both cases, the Supreme Court held that the aggravating circum- stance of dwelling should be considered. The same may be said of the aggravating circumstance of trea- chery.t" Thus, where about eighty armed persons ambushed a group of the dwelling. Second, assuming that a specific spot may be considered part of the dwelling, will the aggravating circumstance of dwelling be taken into consideration if only one phase of the criminal act took place therein? Third, there is the question as to whether the aggravating circumstance of dwelling may be considered at all with respect to certain crimes. In the case of People 'V. Open a, et al., G.R Nos. L.6318-6319, May 17, 1954, which was a case of rohbery with rape, and People 'Y. Fader, G.R No. L. 5732, March 12, 1954, which was the case of robbery with homicide, the Supreme Court took into consideration the aggravating circumstance of dwelling. Dwelling may not be con- sidered in robbery in an inhabited house which is the dwelling of the offended party, because this circumstance is inherent in the crime of robbery committed in an inhabited house. u.s. 'Y. Cas, 14 Phil. 21, 22 (1909). However, when the robbery is one which may be committed inside as well as outside the house, dwelling wi!! be considered, be- cause the circumstance of dwelling "no es inherente al delito generico de robo, ya que cabe que se cometa un robo con violencia e intimidacion en una persona fuera de la habitacion 0 morada de esta." Decision of the Supreme Court of Spain of Decem- ber 16, 1871. See 2 Viada 331, Question 36, et seq. But it must be borne in mind that for dwelling to be, aggravating, it must be specially sought. People 'Y. Guhiting, G.R. L-2843, May 14, 19;>1;People 'Y. Mendoza, G.R Nos. L-4146AI47, March 28, 1952. Dwelling was considered in robbery: People 'Y. Dayego, G.R No. L.2247, May 10, 1950; People 'Y. Francisco, G.R. No. L.2748, May 10 1950; People 'Y. Ferrer, GR. No. L.4840, Jan. 20, 1953. 14- G.R. No. L.5112, May 14, 1954. 15 Dwelling was considered where he attack began inside the house and. after the accused subdued his victim, the former took the latter outside the house for the pur- pose of killing him. U.S. 'Y. Lastimosa, 27 Phil. 432 (1914). However, where the attack began outside the house, and when the victim fled to his house, was pursued and killed therein, the Supreme Court held that dwelling should not be aggravating on the ground that it was not specially sought. People 'Y. Mendoza, GR Nos. L-4146-4147, March 28, 1952. 16 G.R. No. L.5900, May 14, 1954. 17 Dwelling was considered where the accused shot from under the house. People 'Y. Bautista, 45 O.G. 2084 (1947); U.S. 'Y. Macarinfas, 40 Phil. 1 (1919).. It was likewise considered where the accused shot at the house. People 'Y. Cael, G.R. Nos. L-2961-2964, Jan. 31, 1951. 18 In PBople 'Y. Dado, GR. No. L-5774, March 22, 1954, where the attack was preceded by a fight, the Supreme Court held that there was no treachery. But in the case of People 'Y. Maurillo, GR. No. L-6480, April 12, 1954, where the attack was sudden; People 'Y. Escares and Macalalad, G.R. No. L. 5562, April 29, 1954, where the accused struck the victim from behind with a cane and after the latter was down, shot and stabbed him; People 'Y. Unciamo, et al., G.R. No. L-6643, April 29, 1954, 388 PHILIPPINE LAW JOURNAL of cars, "without any danger to themselves, because they were en- trenched in strategic places on both sides of the road," the Supreme Court, in People v. Mamantams» held that there was treachery.w In the case of People v. Ramos a,nd Loeeo=» the Supreme Court held that the aggravating circumstance of enseiuumiento ought not to be considered because Amparo, one of the victims, was not raped in the presence of her huaband.s- where the deceased was attacked by one defendant while the former's arms were held apart by the other two defendants, the Supreme Court held there was treachery. There was no treachery where the victim has a chance to prepare. People 'Y. Visa- gar, G.R. No. L-3384, June 12, 1953. As when the attack was preceded by a heated discussion or a quarrel. People v. Gonzalez, 76 Phil. 473 (1946); U.S. v. Indica, 3 Phil. 313 (1904). Sudden attack generally constitutes treachery. U.S. ". Cabiling, 7 Phil. 469 (1907); U.S. v. Cornelio, 28 Phil. 457 (1914); People 'Y. Pengzon, 44 Phil. 224 (1922); People v. Noble, 48 O.G. 2010, (1946); People v. Limaco, G.R. No. L-3090, Jan. 9, 1951; Feople v. Sy Pio. G.R. Nos. L-3827-3828, Nov. 23, 1951; People v. Agui- lar, G.R. Nos. L-3248-3249, May 16, 1951; People ". Cael, G.R. Nos. L-2961-2964, Jan. 31, 1951; People 'Y. Irinco G.R. No. L-3479, July 30, 1951; People ". Holleros; G.R. No. L-3384, Feb. 14, 1951; People v. Malibiran, G.R. No. L-4192, Dec. 27, 1951; People v. T'amiana, G.R. No. L-3628, Sept. 29, 1951; People 'Y. Garciola, G.R. No. L-4015, Oct. 30, 1951, People ". Felipe, G.R. L-4619 Feb. 25, 1952; People ". Avila, G.R. No. L-4640, March 23, 1953; People' 'Y. Almazan, G.R. No. L-4447, April 18, 1952; People v. Casas, G.R. No. L-5873, March 31, 1953; People ". Dosal, G.R. Nos. L-4215-4216, April 17, 1953. Likewise, an attack from behind is usually considered tteacherous. People ". Yvdoon, 46 O.G. 1003 (1948); People ". Cagoco, 58 Phil. 524 (1933); People 'Y. Sablan, 46 O.G. S. 11,83 (1949); People 'Y. Ambis, 68 Phil. 635 (1939); People 'Y. Acopio, 58 Phil. 582 (1933»; People v. Mablon, G.R. No. L-5198, April 17, 1953; People 'Y. Torrecampo, G.R. No. L-5761, Sept. 7, 1953. There is also treachery where the victim is bound. U.S. v, De Leon, 1 Phil. 163 (1902); u.s. V. Lastimosa, 27 Phil. 432 (1914); People 'Y. Madrid, G.R. No. L- 3032, Jan. 3, 1951. Likewise where the victim has his arms upraised. People ". Lasafin, G.R. No. L-5874, Feb. 11, 1953. Or where the victim has his arms pinned down. People v, Ascares, G.R. No. L-3527, Aug. 30, 1951. 19 G.R. No. L-5547, April 29, 1954. 20 There is treachery where the victim is not aware of the presence of armed men who had come to kill him. People v. Baysa, G.R. No. L-5190-3, April 29,. 1953. See XXIX Phil. Law Journal 64. So is there treachery where the accused was so situated as to incur no risk. People 'Y. Chan, G.R. No. L-4014, Sept. 11, 1951. Possibility of risk on the part of the accused which might arise from the victim's defense appears to be controlling. See Art. 14, par. 16, R.P.c. See also Criminal Law: Criminal Liability and Specific Crimes, by Florentino Feliciano and Antonio Ceniza, XXVII Phil. Law Journal 277, 280-281. 21 G.R. Nos. L-5508-5509, April 29, 1954. 22 In U.S.v. Iglesia and Valdez, '21 Phil. 55 (1911), the wife was raped in front of her husband. Here the circumstance was held to be ignominia and not enseiiamiento. C See PADILLA, RIMINAL LAW, 1953 ed., p. 233. RECENT DECISIONS 389 Criminal Law-F1"USbration in murder and homicide cases as dis- tinguished from attempt. PEOPLE v. SY PIO G.R. No. L-5848, April 30, 1954 In the above case, the Supreme Court, citing the cases of U.S. '(,'.EJduave,l People v. Dagman,2 and People v. Borinaga, 3 held that, for a frustrated murder or homicide to exist, it is not necessary that the accused actually commit all the acts of execution necessary to produce the death of his victim. It is sufficient that he believed he had committed all said acts. It is enough that the subjective phase of the acts necessary to commit the offense had passed, and that there was a full and complete belief on the part of the assailant that he had committed all acts of execution necessary to produce the death of the intended victim. The Court, speaking through Justice Alejo Labrador, distinguished the above cited cases from the case at bar: "In the case at bar, however, the defendant appellant fired at his vic- tim, and the latter was hit, but he was able to escape and hide in another room. The fact that he was able to escape, which the appellant must have seen, must have produced in the mind of defendant that he was not able to hit his victim at a vital part of the body. In other words, the defendant knew that he had not actually performed all the acts of execu- tion necessary to kill his victim. Under these circumstances it cannot be said that the subjective phase of the acts of execution had been completed. As it does not appear that the defendant appellant continued in pursuit, and as a matter of fact he ran away afterwards, a reasonable doubt exists in our mind that the defendant had committed all the acts of exe- cution or passed the subjective phase of said acts. This doubt must be resolved in favor of the defendant." The rulings in this jurisdiction on frustrated murder or homi- cide seem to recognize three phases in the consummation of said crimes, namely: (first) an act or acts sufficient in the natural course of events (second) to produce a wound or injury or wounds or in- juries sufficient in the natural course of events (third) to produce death. The consummation of the crime of murder or homicide may be interrupted between the second and third phases. That is, the wound or injury or wounds or injuries, though sufficient in the natural course of events to produce death, do not in fact cause death "by reason of causes independent of the will of the perpetrator." 4 The 136 Phil. 209 (1917). 247 Phil. 768 (1925). Z 47 Phil. 768 (1925). 355 Phil. 433 (1930). 4 A felony is frustrated "when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator." Art. 6, par. 2, R. P. C. 390 fHILIPPINE LAW JOURNAL intervention under this circumstance usually consists in timely and skillful medical treatment,> though perhaps an extraordinarily strong physical constitution of the victim may also serve the same purpose. When the crime is thus interrupted between the seco.nd and third phases, it is considered as frustrated." The consummation of the crime of murder or homicide may also be interrupted between the first and second phases. That is, the act or acts, though sufficient in the natural course of events to pro- duce a wound or injury or wounds or injuries (sufficient in the na- tural course of events to produce death), do not in fact produce such wound or injury or wounds or injuries "by reason of causes inde- pendent of the will of the perpetrator." 7 The intervention u.nder this circumstance may be varied. For instance, the back of a chair on which the victim was sitting," or the rib of the victim himself 9 may constitute the obstruction. When the crime is thus interrupted between the first and second phases, it is also considered as frus- trated.10 5 U.S. v. Eduave, 36 Phil. 209 (1917); People v. Pacis, 48 Phil. 190 (1925); Peo- ple v. David, 60 Phil. 93 (1934); People v, Hamada, 62 PhiL 112 (1935); People v. Mabug-at, 51 Phil. 967 (1926). 6 The accused did all that was necessary to commit the crime. If the crime did not result as a consequence, it was due to something 'beyond his control. U.S. v. Eduave, 36 Phil. 209 (1917). Where the accused inflicted treacherously serious wounds upon the victim, the the crime committed was frustrated murder. People v. Pacis, 48 Phil. 190 (1925). The defendant, in fIring his revolver at the offended party, hitting him on the upper left hand part of the body, piercing it from side to side and perforating the lung, performed all the acts of execution which should have produced his death but did not produce it by reason of the adequate and timely intervention of medical science, a cause entirely independent of the defendant's will. Such proven facts constitute the crime of frustrated homicide. People v. David, 60 Phil. 93 (1934). It was only the prompt and skillful medical treatment which the offended party received that saved his life. The offense committed was therefore frustrated murder. People v. Honrada, 62 Phil. 112 (1935). The victim was wounded by a shot, the bullet: passing through the neck, having entered the posterior region thereof coming out through the lefr, eye, which was com- pletely destroyed. Due to proper medical attention, the victim did not die. The crime was frustrated murder, the accused having performed all the acts of execution which would have produced the crime as a consequence but which, nevertheless, did not pro- duce it by reason of causes independent of his will. People v. Mabug-a«, 51 Phil. 967 (1926). See People v. Yabot, 45 Phil. 4 (1923): The fact that the victim recovered through medical treatment does not make the crime either frustrated homicide or murder. 7 Supra, note 5. 8 People v, Borinaga, 55 Phil. 433 (1930). 1) People v. Reyes, 47 Phil. 635 (1925). 10 Where the accused has attacked the offended party unexpectedly, and the wounds inflicted by him upon the latter would have caused death had not the weapon whereby the same were inflicted met with an obstacle, such as the ribs, which prevented its penetration the lungs and kidneys, the defendant is guilty of frustrated murder. People "Y. Reyes, 47 Phil. 635 (1925). RECENT DECISIONS 391 The execution of the crime of murder or homicide may also be interrupted during the first phase. That is, the interruption takes place before the act or acts are sufficient in the natural course of events to produce a wound or injury or wounds or injuries (suffi- cient in the natural course of events to produce death). The in- tervention under this circumstance may also be varied; and it is the nature of the intervention that appears to be determinative of the stage of execution of the crime. If the accu sed does not complete his act or acts, that is, he does not go so far as to make his act or acts sufficient in the natural course of events to produce wounds sufficient in the natural course of events to produce death, because of his belief that his victim is already dead or would undoubtedly die, the crime is still considered as frustrated.P However, if the factor which intervenes is something other than such belief, the crime would then be considered as attempted ;12 except, when such intervening factor is the accused's "own spontaneous desistance," in which case there would not even be an attempt.P Where the knife of the defendant was aimed at a vital part of the body, but met with an obstruction, such as the back .of the chair on which the victim was sitting, the crime was held to be frustrated murder. People ')I. Boringa, 55 Phil. 433 (1930). Note that under this circumstance, belief of the accused that the victim is already dead or would undoubtedly die, appears to be immaterial. Thus in the Borinagd case, " * * * After the attack, Borinaga was also heard to say that he did not hit the back of the chair. But Borinaga was persistent in his endeavor, and hardly ten minutes after the first attack, he returned, knife in hand, to renew it, but was unable to do so because Mooney and Perpetua were then on their guard and turned a flashlight on Borinaga, frightening him away. * * *." 11 "In frustrated murder the accused performs all of the acts which he belives ne- cessary to consummate the crime. '" * '" In the case at bar * '" * the defendant be- lieved that he had performed all the acts necessary to consummate the crime ,of mur- der." This surely stamps the crime as frustrated murder. U.S. ')I. Lim San, 17 Phil. 273 (1910). Where the victim escaped further wounds by playing possum, the crime was held to be frustrated murder. People ')I. Dagnaa, 47 Phil. 768 (1925). Where the victim's "assailants left him lying on the ground believing that he was dead, and it is not shown that death result-ed from the injuries, there being on the contrary, evidence that he returned home on the following day, the crime should be qualified as frustrated murder." U ..S ')I. Bastas, 5 Phil. 251 (1905). Where the accused only refrained from further attack when he believed that his victim was dead, the crime was held to be frustrated murder. U.S. 'Y. Poblete, 10 Phil. 578 (1908). "After the assault, the two defendants, believing that their victim was dead, took him out of the town and left him in a ditch. Next morning, the victim regained conciousness although he was unable to rerum to his house because of his weakness." The crime was frustrated murder. u.s. ')I. Domingo, 18 Phil. 250 (1911). 12 "There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony * * *." Art. 6, par. 2, R.P.c. 13 There would be no attempt if the offender does not perform all the acts of extension which should produce the felony by reason of "his own spontaneous disist- an.ce." See Art. 6, par. 3, R.P.c. If the offender thru fear or remorse desists from continuing his criminal purpose, there would be no attempt. This is a sort of reward 392 PHILIPPINE LAW JOURNAL As to where the factor of poor aim in firing a gun would fit in, by the use of the formula stated above, is a ticklish problem. Poor aim cannot be deemed as an interve.ning factor similar to those men- tioned above. When the accused is interrupted after firing a poorly aimed shot, his act cannot he said to be sufficient in the natural course of events to produce a wound or injury which in the natural course of -events would be sufficient to cause death. The crime com- mitted under such circumstances would, therefore, depend upon the nature of the intervention. If after firing a poorly aimed shot the accused does not continue firing because he believes that his victim is already dead or would undoubtedly die, the crime would be frus- trated murder or homicide, as the case may be. But if the interven- ing factor is something other than such belief, the crime would be attempted murder or homicide. If the intervening factor is the ac- cused's "own spontaneous desistance," the crime would not be at- tempted murder or homicide, but physical injuries in the proper degree.t- In the case under comment, the Supreme Court observed that the fact that the victim was able to escape and hide in another room, which the accused must have seen, must have produced in the lat- ter's mind the belief that he was not able to hit his victim in a vital part of the body, and, therefore, ruled that the crime committed is attempted and not frustrated murder. However, the Court also stated that the defendant did not continue in pursuit, but as a matter of fact ran away afterwards. Would not these facts constitute "spontaneous desistance" and therefore negate an attempt? Labor Law-A superintendent performing managerial functions is also an employee. CEBU PORTLAND CEMENT CO. v. CIR AND PLASMU G.R. No. L-6158, March 11, 1954. Before the Court of Industrial Relations may take cognizance of any industrial dispute it is necessary that the relationship of em- granted by law to those who, having one foot on the verge of crime, heed the call of their conscience and retum to the parh of righteousness. See GUEVARRA, COMMEN- TARIES ON THE REVISED PENAL CODE 16 (1931). 14 See, however, U.S. '1'. Agoncillo, 33 Phil. 242 (1916), where the Supreme Court appears to have regarded the poor aim of the accused, or as the Court termed it, the good luck of the victim, as an intervening factor which prevented a sufficient act from, producing a wound which in the natural course of events would produce death. In this case the accused fired four successive shots at close range, but only the second shot hit the victim on the thigh. The Supreme Court stated that, "* ** if he did not succeed in carrying out his vicious intent to kill * ** notwithstanding that he performed all the acts conducive thereto and which should have resulted in the death of the assaulted man, the failure was due to the chance that three of the rfour shots fired at close range perhaps missed their mark, and to the victim's good luck, all reasons independent of the will of the aggressor," and held that the crime was frustrated murder.
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Take to the skies in this Clancy-infused flight combat game.
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The third game in the Hearts of Iron series.
Control war machines in the air or on the sea in this World War II naval warfare game from Eidos.
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The direct sequel to Koei's Naval Ops: Warship Gunner.
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Naval war game with customizable ships
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ARKANSAS TOURISM NOTICE: Arkansas's Seven Show Caves Are Open to the Public
The natural beauty and state-of-the-art group facilities in Arkansas's state parks make them perfect meeting, retreat, conference, wedding, and family reunion venues. To find the meeting facility that will best accommodate your group, enter your criteria below and you'll find a state park venue that fits your needs. Once you find locate it, contact the park staff to rent the meeting space.
If you need a 1000-seat auditorium to rent, we have one. Other park meeting spaces can accommodate 20 to 200 persons each. Choose from a variety of venues.
Arkansas's state parks are perfect for family reunions. The inspiring settings and endless outdoor adventure set the stage for special times together.
State park settings are a naturals for weddings. Choose from outdoor and indoor spaces
that will make your special day even more memorable.
To ensure you enjoy your state park experience, be aware of the natural world. There
are some areas which are potentially hazardous to all visitors. Since it is impractical
to post signs at all danger points, use caution when approaching such areas as cliffs,
caves, heavily wooded areas, swamps, streams, and lakes. Adults are responsible
for children in their care. If unsure about possible hazards, check at the visitor
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Monday, January 6, 2003
Updated: January 7, 1:30 PM ET
The List: Best NFL playoff performances
Page 2 staff
The morning after a wild (card) weekend of football finds Page 2 reminiscing postseason pandemonium past.
While riding the winds of this season's dramatics -- which have only just begun -- check out our list of the 10 best NFL playoff performances of all-time, then be sure to vote in the poll on the right to crown the most fantastic feat of them all.
Important note:
This list does not include Super Bowl games; that's an entirely separate list that we will revisit later this month.
Frank Reich threw four touchdown passes in the second half as the Bills rallied from 32 points down to beat Houston.
1. Joe Montana's masterpiece (1989 NFC Championship)
Numbers sometimes tell a story: 26-30. 262. 2. 0. 30-3. Joe Montana completes 26 of 30 passes for 262 yards and two TDs (and zero interceptions) as the 49ers make their trip to the Super Bowl look easy, creaming the L.A. Rams, 30-3. "Joe World gave a clinic in quarterbacking at Candlestick Sunday," wrote Jim Murray in the L.A. Times. "The Rams were just the blackboard. It was a dazzling performance. If you never saw Tracy act, Heifetz fiddle, Cobb bat or Nijinsky dance, watch Montana quarterback. It's the same thing. Art."
2. Kellen Winslow leads the charge (1981 AFC divisional game)
The Chargers defeat the Dolphins, 41-38, in overtime, despite a strong comeback from Miami, which had trailed 24-0 in the first quarter. Winslow sets a playoff record with 13 catches, racking up 166 yards and scoring a TD. To top it off, he saves the game by blocking Uwe von Schamann's 43-yard field-goal attempt as time expires in regulation.
3. Ed Podolak does it all (1971 AFC divisional game)
It's one of the most memorable games ever, but most recall it for reasons other than Chiefs running back Ed Pololak's performance. Too bad. In the longest game in NFL history, which the Dolphins won 27-24 in double OT on a 37-yard Garo Yepremian field goal, Podolak compiles 350 total yards, still a playoff record. He catches eight passes for 110 yards and a TD, carries 17 times for 85 yards and a TD, and returns three kickoffs for 154 yards. His last kickoff return, near the end of regulation, almost gives K.C. the victory -- he goes 78 yards to set up a 31-yard field-goal attempt, but Jan Stenerud blows it. "I don't think any one player in a big game, a monumental game like that, had a day like Eddie Podolak had," former Chiefs coach Hank Stram tells the Kansas City Star. Unfortunately, many in Kansas City can't see it on TV -- the home game is blacked out.
4. Frank Reich and the great Bills' comeback (1992 AFC wild card)
With regular starting QB Jim Kelly injured, backup Frank Reich gets the call as Buffalo faces Houston. It looks like a blowout going the other way, though, as the Oilers are up 35-3 early in the second half. Then Reich heats up, throwing four touchdown passes, including three straight to Andre Reed, to give the Bills a 38-35 lead. The game goes into OT, but Buffalo pulls it out, 41-38, completing a 32-point comeback, the greatest in NFL history.
5. John Riggins plows behind the Hogs (1982 NFC divisional game)
Before the playoffs began, 33-year-old John Riggins goes to head coach Joe Gibbs and says, "I'm really getting down the road. I don't have many of these left. I've been out two weeks and I'm ready. Give me the ball." Gibbs does just that, as Riggins pounds the Vikings defensive line 37 times for 185 yards (both are career highs), leading the Skins to a 21-7 win. With a minute left to go, he leaves the game, bruised, battered, but with enough energy for a great finish, well-described by Dave Kindred in the Washington Post: "John Riggins took his helmet off at midfield and with a flourish of gallantry did a deep bow, his arm across his waist, bowing first to the folks on the south side of RFK Stadium, and then spinning to say thanks to those on the north, the 54,000 or so screaming meemies who loved it as much as Riggins did."
6. Eric Dickerson enlivens "dull" game (1985 NFC divisional game)
Rams running back Eric Dickerson provides the only relief -- and leads the Rams to a 20-0 victory over the Cowboys -- in what one writer calls "one of the dullest National Football League playoff games in recent years." How does he do it? By running for a playoff record 248 yards on 34 carries and scoring two TDs, including a 55-yard scoring run at the start of the second half. He also gets lots of help from the Rams offensive line. "That was as good a game as I have ever seen a man play," Rams coach John Robinson says. "Eric ran very, very hard. From the first play, I sensed that we would be able to be successful running the ball. We got great blocking, particularly on the right side. I don't think anybody could have had a better day."
7. Vernon Perry's sticky hands (1979 AFC divisional game)
Houston goes into its playoff game against San Diego the underdogs, having to play without running back Earl Campbell, QB Dan Pastorini, and WR Ken Burrough, all injured when the Oilers beat the Broncos in the wild-card game the week before. Perry's day starts early -- he picks off a Dan Fouts pass on San Diego's second drive, then, when San Diego drives again to the Oilers' 8, he blocks a 26-yard FG attempt and runs it back 57 yards, setting up an Oilers' field goal. Then Perry picks off Fouts again, putting Houston at the Chargers' 38 to set up a Boobie Clark TD
Perry then helps preserve a 17-14 Oilers lead in the second half, intercepting his third pass to stop a San Diego drive around midfield, then grabs a fourth INT with a little more than a minute remaining. The Oilers win, thanks to Perry's incredible game, which erased the Chargers offensive advantage (San Diego gained 380 yards to Houston's 259, and had 25 first downs vs. 15 for the Oilers). How did Perry do it? Houston's defensive coordinator, Ed Biles, says that he had been intercepting San Diego's play calls: "We pretty much knew ahead of time when they were going to pass."
8. Terry Bradshaw's perfect game (1976 AFC divisional game)
Steelers QB Terry Bradshaw sets a playoff record with a perfect QB rating of 158.3, as he completes 14 of 18 passes for 264 yards and three TDs and the Steelers rout the Colts 40-14 to advance to the AFC Championship Game. Bradshaw's 76-yard TD pass to Frank Lewis in the game's opening series sets the tone. "Man, I wouldn't have wanted to play against our offense today," Steelers cornerback J.T. Thomas says.
Joe Cool's '89 playoff performance is unparalleled.
9. The grocery boy bags the Vikings (1999 NFC divisional game)
Kurt Warner, a virtual unknown before the season begins, continues to amaze as he leads the St. Louis Rams to a 49-37 victory over the Minnesota Vikings and a trip to the NFC title game. Warner throws 33 times, connecting on 27 to 10 different receivers while racking up 391 passing yards. Five of his tosses are for TDs, to five different receivers. Warner does most of his work in the second half, as the Rams score 35 unanswered points to seal the victory. Warner's passer rating for the day: a stunning 142.99.
10. Old Man Plunkett is the difference (1980 AFC Championship)
32-year-old Jim Plunkett took over as the Raiders starting QB after Dan Pastorini broke his leg in the fifth game of the season, and surprised plenty of people who had been disappointed in the former Heisman Trophy winner's pro career. Against the Chargers, he throws just 18 passes, but 14 are completions for 261 yards and two TDs. Plunkett scores another six himself on a five-yard run as the wild-card Raiders beat the Chargers 34-27 in San Diego, advancing to the Super Bowl. "Plunkett was like a chess player out there," Raiders receiver Cliff Branch says. "He used everybody -- backs, receivers -- he was in total control."