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 […]
Book I
34 posts
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 – 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 of Php66,520.00), Luz Minkay […]
G.R. No. 147270 – 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 suffer one year imprisonment […]
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 – 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 the Dingras Police Station […]
G.R. Nos. 135779-81 – 416 SCRA 341 – Criminal Law – Book 1 – Aggravating Circumstances – Treachery Absorbs other Selected Circumstances At around 8pm on March 9, 1992, Luciano de Guzman and two others (Efren Reyes and Bernard Bustamante) entered the house of the Calamnos. The Calamnos (Presente, Bernardo, and […]
G.R. No. 123161 – 404 SCRA 211 – Criminal Law – Book 1 – Aggravating Circumstances – Band – Cruelty On March 3, 1994, Aleli Guiroy went to open their bakery and grocery store. She could not open the door so she asked for the help of her uncle. A certain Warlito […]
G.R. NO. 143085 – 425 SCRA 178 – Criminal Law – Aggravating Circumstance – Treachery – Evident Premeditation On July 17, 1995, Edgardo Borbon was drunk and he announced he “wanted to kill”. He then held the wrist of a certain Jaime Tabilangan. Upon hearing this, Jaime got scared and he […]
G.R. No. 138541 – 403 SCRA 713 – Criminal Law – Book 1 – Aggravating Circumstances – When Treachery is Not Present On January 2, 1994, at around 1:45 pm in the morning, Leonardo Mallari and a certain Eduardo Colonia had a heated argument. In the course of the quarrel, Mallari […]
G.R. No. 150590 – 409 SCRA 428 – Criminal Law – Book 1 – Aggravating Circumstance – Treachery – Hitting Behind the Back – Killing After an Altercation On July 3, 1997, Ruel Barela, a manager at a construction company confronted security guard Willie Almedilla while the latter was eating. Barela […]
G.R. Nos. 143760-63 – 404 SCRA 580 – Criminal Law – Book 1 – Aggravating Circumstance – Relationship Romeo Manluctao was indicted four times for the rape of his own daughter, Marcelina Manluctao. He was positively identified by his daughter who was then a minor. Also the minor child gave birth to a […]
G.R. No. 149368 – 427 SCRA 528 – Criminal Law – Book 1 – Aggravating Circumstances – Recidivism – Aggravating Circumstance/s must be alleged in the Information One drizzly night, Rosemarie Tallada was seen standing near a bridge waiting for someone. Later Francisco Dacillo, called her to his house. Then the people in the […]
G.R. No. 108381 – 327 SCRA 269 – Criminal Law – Book I – Aggravating Circumstances – Taking Advantage of Public Position On June 20, 1988, around 11:30 pm in Basco, Batanes, Amadeo Acaya arrived in a baptismal party. As he was drunk, he flaunted that he is one of Honasan’s […]
G.R. No. 140513 – 461 Phil. 471 – Criminal Law – Book 1 – Aggravating Circumstances – Evident Premeditation On December 25, 1996, Alfredo Timgas joined a cockfight. He let his brother-in-law Bienvenido de la Cruz install the gaff on his game cock. Unknown to Timgas, de la Cruz betted against […]