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 […]
Book I
47 posts
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. 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. 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. 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 […]
G.R. No. 173473 – 594 Phil. 680 – 574 SCRA 258 – Criminal Law – Book 1 – Graduation of Penalties – Penalty for Estafa – Application of the Indeterminate Sentence Law Beth Temporada was sued by Rogelio Legaspi (defrauded of Php57,600.00), Dennis Dimaano (defrauded of Php66,520.00), Soledad Atte (defrauded […]
G.R. No. 147270 – 15 Phil. 506 – 363 SCRA 275 – Criminal Law – Book 1 – Article 70 of the Revised Penal Code – Service of Sentence – Successive Service Pete Lagran was convicted of three counts of violation of the Anti-Bouncing Checks Law. He was sentenced to […]
G.R. No. 248905 – Criminal Law – Book I – Criminal Liability; Degree of Participation – Principal vs Accomplice; Conspiracy Remedial Law – Evidence – Testimonial Evidence – Inconsistencies in the testimony of a witness; when not fatal to the case Criminal Law – Book II – Crimes Against Liberty […]
G.R. No. 191913 – 685 Phil. 223 – 668 SCRA 846 – Criminal Law – Justifying Circumstances – Self-Defense – Unlawful Aggression; When Victim is a Trained Police Officer One evening in February 2003, Police Officer Lolito Nacnac had an argument with Police Officer Doddie Espejo within the premises of […]
G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal […]
G.R. No. 77368 – 45 SCAD 173 – Criminal Law – Continuing Crimes – Fencing is not a continuing crime In 1985, a robbery was committed in Quezon City where jewelries worth millions were stolen. The said jewelries were later found in the possession of a certain Danilo Alcantara in […]
G.R. No. 157171 – 519 Phil. 591 – 484 SCRA 617 – Criminal Law – Book 1 – Felonies – Mala In Se vs Mala Prohibita Crimes – Defense of Good Faith In 1995, Aquilino Pimentel, Jr., ran for the senatorial elections. Meanwhile, in Alaminos, Pangasinan, Arsenia Garcia was one […]
G.R. No. 186412 – 672 Phil. 712 – 657 SCRA 270 – Criminal Law – Criminal Liability – Proximate Cause – Efficient Intervening Cause On January 22, 2002, Danilo Cruz went to a sari-sari store to buy bread. Out of nowhere, Orlito Villacorta appeared and thereafter stabbed the left part […]
G.R. Nos. 148712-15 – 465 Phil. 477 – 420 SCRA 520 – Criminal Law – Qualifying Circumstance; Treachery – Aggravating Circumstance; Ignominy – Accomplices; Elements At around 6pm on December 28, 1999, in Bauang, La Union, two armed men entered the house of Jessie Barnachea, then 12 years old. Jessie was able […]