G.R. No. 242133 – Criminal Law – Special Penal Laws – VAWC is applicable in lesbian relationships Roselyn Agacid and Maria Alexandria Bisquera were in a lesbian relationship until they rheir break-up in 2014. After their break-up, they met for purposes of Maria returning to Roselyn the things the latter […]
Criminal Law
102 posts
G.R. No. 250627 – Criminal Law – Special Penal Laws – RA 9262 – VAWC applies to women in lesbian relationships Sandra Jane Jacinto and Maria Eloisa Fouts were lesbian live-in partners for sixteen years or until their break-up in 2017. After their break-up, Jacinto physically assaulted Fouts which resulted […]
G.R. No. 254005 – Criminal Law – Special Penal Laws – R.A. No. 7610 – Special Protection of Children Against Abuse, Exploitation and Discrimination Act – There is no crime of grave oral defamation in relation to Section 10(a) of R.A. 7610 – intent to debase, degrade or demean the […]
G.R. No. 124342 – 377 Phil. 904 – 320 SCRA 61 – Remedial Law – Criminal Procedure – Rule 110; Information – Time of Commission of the Offense Must Be Alleged as Close to the Actual Date Political Law – Constitutional Law – Bill of Rights – Rights of the […]
G.R. No. 238798 – Criminal Law – Special Penal Laws – Juvenile Justice Act – Discernment Criminal Law – Book 1 – Mitigating Circumstances – Minority Remedial Law – Criminal Procedure – Information – When offender is a CICL Remedial Law – Evidence – Hearsay Rule – Exceptions; Res Gestae […]
G.R. No. 258524 – Criminal Law – Book 2 – Crimes Against Honor – Libel – Cyber Libel – Prescriptive Period – Date of Publication vs Date of Discovery On 10 May 2021, two Informations for Cyber Libel were filed against Berteni Causing. The Informations alleged that Causing posted libelous […]
G.R. No. 187175 – Criminal Law – Special Penal Laws – R.A. No. 9262; VAWC Law – The Anti-Violence against Women and their Children Act is Constitutional Political Law – Constitutional Law – The Judiciary; Judicial Power – Judicial Review – Power to Declare Statutes Unconstitutional; When Proper – Constitutionality […]
G.R. No. L-23908 – 124 Phil. 1179 – 18 SCRA 555 – Legal Ethics – Use of Respectful Language – Defamatory language if relevant to the case are privileged Criminal Law – Book 2 – Crimes Against Honor – Libel – Privileged Communication Atty. Venancio Aquino, on behalf of Demetrio […]
NOTE: You are encouraged to read the full text of this case. This case comprehensively discussed Article 266-A of the RPC and Section 5b, RA 7610. G.R. No. 227363 – 849 Phil. 197 – Criminal Law – Crimes Against Persons – Rape vs Sexual Assault – Damages in Rape Cases […]
G.R. No. 205144 – 748 Phil. 806 – Criminal Law – Crimes Against Property – Estafa – Juridical Possession vs Material Possession – Liability of a Collector; Failure to Remit – Misappropriation In 1999, Margie Balerta, then working as a cashier of a cooperative in Balasan, Iloilo, was accused of […]
G.R. No. 210318 – 878 Phil. 122 – Criminal Law – Book II – Crimes Against Property – Theft vs Estafa – Material Possession vs Juridical Possession – Collector’s Liability Janice Reside is the principal of Treasury of the Golden Word School, Inc. (TGWSI). She was entrusted to collect and […]
G.R. No. 239215 – Criminal Law – Special Penal Laws – Anti-Violence Against Women and their Children Act – Women may be offenders in VAWC cases Randy Michael Knutson, on behalf of his minor daughter Rhuby Knutson, filed a Petition for Permanent Protection Order against his estranged wife (mother of […]
G.R. No. 240056 – Remedial Law – Criminal Procedure – Prosecution of Crimes – Motion to Quash – Being an indigenous people is not a ground to quash information Criminal Law – Book 1 – General Principles – Characteristics of Penal Laws – Territoriality Datu Malingin, also known as Lemuel […]
G.R. No. 182941 – 609 Phil. 446 – 591 SCRA 666 – Criminal Law – Special Penal Laws – RA 9344; Juvenile Justice Act – Determination of Age Book I – Exempting Circumstances – Minority – Meaning of “15 years old or below” In 2006, Robert Sierra was convicted for […]
G.R. No. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element of […]
G.R. No. 244255 – Criminal Law – Book I – Aggravating Circumstances – Qualifying Circumstances; Relationship; In Rape, Correct Filial Relationship Must Be Alleged Remedial Law – Criminal Procedure – Rule 110 – Designation of the Offense – Qualifying Circumstances Must be Sufficiently Alleged In 2009, XYZ was indicted for […]