G.R. No. 184343 – 599 Phil. 589 – Criminal Law – Exempting Circumstances – Insanity – Schizophrenia; Must be proven to exist at the time of the crime In March 2000, Jesus Domingo had a check-up because he was suffering sleepless nights and would often hear voices telling him to […]
Criminal Law
114 posts
G.R. No. 236628 – 933 Phil. 889 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10a – Specific Criminal Intent In March 2014, police officer Marvin San Juan scolded several children who were loitering at a basketball court. San Juan made a […]
G.R. No. 246017 – 890 Phil. 1159 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Section 10(a) – Specific Criminal Intent to Debase In February 2014, Maria Consuelo Malcampo-Repollo, a teacher, pinched and slapped her minor student AAA. Her actions caused extreme fear […]
G.R. No. 258710 – Criminal Law – Elements of a Crime – Overt Act – Making a statement agreeing to commit a crime is not an overt act In 2009, the Ampatuan family agreed to murder the Mangudadatu family. They had a meeting on 20 July 2009 and this was […]
G.R. No. 270934 – Criminal Law – Book I – Conspiracy – May be proven by circumstantial evidence Minors AAA, BBB, and CCC filed a complaint against Joemarie Ubanon and Amirah Macadatar alleging that: In April 2014, they were watching a boxing match when Joemarie Ubanon approached them. Joemarie offered […]
G.R. No. 231619 – 914 Phil. 664 – Criminal Law – Special Penal Laws – VAWC; Permanent Protection Order Remedial Law – Special Proceedings – Permanent Protection Order; RA 9262 – Effect of Nullity of Marriage; Provision on Support may not be fully enforced if marriage is subsequently voided AAA […]
G.R. No. 228980 – Criminal Law – Special Penal Laws – R.A. No. 7610; Anti-Child Abuse Law – Positive Testimony of Victim Sufficient to Convict In November 2010, AAA, a 15-year old girl, filed a criminal case against Marvin Villanueva. AAA alleged that when she and BBB were walking up […]
G.R. No. L-54171 – 188 Phil. 497 – 100 SCRA 467 – Criminal Law – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Mercantile Law – Law on Insurance – Liability of Auto Insurer in Carnapping – Taking a car for a joy ride is […]
G.R. No. 148233 – 475 Phil. 190 – 431 SCRA 284 – Criminal Law – Book II – Crimes Against Property; Special Penal Laws – Carnapping – Elements; Intent to Gain Luisito Bustinera was a taxi driver for ESC Transport. His duty starts at 6:00am and ends at 11:00pm. On […]
G.R. No. 249374 – Criminal Law – Book II – Crimes Against Property – Estafa; Construction Business; Practice without license – RA 4566 Ernesto Mallari is the owner of E.S. Mallari Trading and Construction Co. He entered into a construction agreement with Spouses Rodolfo and Cynthia Yumang for the construction […]
G.R. No. 221457 – 868 Phil. 374 – Criminal Law – Special Penal Law – RA 9165 – Chain of Custody Legal Ethics – Duty to use culturally-sensitive language Gilbert Sebilleno was convicted of selling and possessing illegal drugs. He appealed his conviction before the CA as he questioned the […]
G.R. No. 264193 – Criminal Law – Crimes Against Property – Estafa – Misrepresentation; Deceit In 2015, Renato Amurao convinced Sheila Suplido to engage his services in constructing her dream house. Amurao was introduced to Suplido by a friend and that friend kept on referring to Amurao as an engineer. […]
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 […]
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 […]