G.R. No. L-18202 – 10 SCRA 753 – Remedial Law – Criminal Procedure – Rule 110 – Prosecution of Offenses – Information for Acts of Lasciviousness Must Allege “Lewd Design” Sometime in the late 1950s, Percival Gilo was indicted for the crime of Acts of Lasciviousness. Trial proceeded but after […]
Howard
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G.R. No. 149199 – 444 Phil. 571 – 396 SCRA 506 – Remedial Law – Criminal Procedure – Rule 120 – Variance Doctrine – Lesser Offense Necessarily Included in the Charge In November 1998, Nemesio Bon was indicted for allegedly raping a minor child in 1997 in Caloocan City. During […]
At first glance, the two designations look the same and seem interchangeable. But the Supreme Court in People vs. Tulagan (G.R. No. 227363, 12 March 2019) clarified the distinctions between the two. In “Lascivious conduct under Sec. 5b of R.A. No. 7610”, the offended party is a minor 12 to […]
G.R. No. 161032 – 587 Phil. 64; 565 SCRA 132 – Criminal Law – Book II; Revised Penal Code – Crimes Against Honor – Libel – Doctrine of Qualified Privileged Communication From May to June 1999, Erwin Tulfo published articles in his column in the tabloid REMATE where he accused […]
G.R. No. L-4254 – 90 Phil. 70 – Political Law – Constitutional Law – Declaration of Principles and State Policies – Doctrine of Incorporation – Universal Declaration of Human Rights In 1948, Boris Mejoff, a Russian who was brought to the Philippines by the invading Japanese forces, was due for […]
G.R. No. 247575 – 890 Phil. 289 – Remedial Law – Criminal Procedure – Rule 116 – Plea Bargaining – Judgment on a lesser plea without the consent of the prosecution is voidEdwin Reafor was charged of violating Section 5 of R.A. No. 9165 (selling of illegal drugs). He proposed […]
G.R. No. L-12629 – 106 Phil. 677 – Political Law – Constitutional Law – Bill of Rights – Right Against Double Jeopardy – Court of Competent Jurisdiction Remedial Law – Criminal Procedure – Rule 117 – Motion to Quash – Double Jeopardy – When it does not attach In 1956, […]
G.R. No. 188794 – 768 Phil. 272 – 788 SCRA 670 – Political Law – Constitutional Law – Bill of Rights – Right Against Unreasonable Searches and Seizures – Invalid Search Warrant – Proof of Personal Examination by the Judge Remedial Law – Criminal Procedure – Rule 126 – Motion […]
G.R. No. 105813 – 236 SCRA 398 – Remedial Law – Criminal Procedure – Offer of Testimony Evidence – Testimonial Evidence – Offer of Testimony Concepcion Catuira was being tried for two counts of estafa. After the prosecution rested its case, Catuira filed a demurrer to evidence on the ground […]
G.R. No. 216425 – 890 Phil. 74 – Civil Law – Persons and Family Relations – Family Code – Civil Code – Use of Surnames Remedial Law – Civil Procedure – Special Civil Actions – Change of Name – Legitimate Child May Use Surname of Mother Political Law – Constitutional […]
G.R. No. 216824 – 889 Phil. 915 – Remedial Law – Criminal Procedure – Rule 117 – Filing of the Information – The signature of the city, provincial, or chief state prosecutor in the Information is not a jurisdictional requirement Political Law – Separation of Powers – Substantive Law vs […]
G.R. No. 121927 – 352 Phil. 261 – 289 SCRA 433 – Labor Law – Labor Standards – Wages – Minimum Wage – Commissions are part of Wage Antonio Iran is a softdrinks merchandiser who employs several truck drivers who will deliver his products to various stores. He gives commissions […]