G.R. No. 167683 – 551 Phil. 755 – 524 SCRA 320 – Criminal Law – Justifying Circumstances – Self-defense – Burden of Proof In January 1996, in Bauang, La Union, Federico Calica and Romeo Calica approached a group of men fencing their properties. The Calica’s went there to check if […]
Book I
46 posts
G.R. NO. 166326 – 515 Phil. 824 – 480 SCRA 188 – Criminal Law – Book 1 – General Principles – Elements of a Crime – Mens Rea – Criminal Intent – Intent to Kill Victim, Ruben went to a nearby store to buy food. Accused Rivera was in the […]
G.R. No. 152644 – 517 Phil. 408 – 482 SCRA 194 – Criminal Law – Book 1 – General Principles – Mala In Se vs Mala Prohibita Marcopper Mining has been storing mine tailings from its operations. At the base of the pit, there is a drainage that leads to […]
G.R. Nos. 135779-81 – 461 Phil. 865 – 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. […]
G.R. No. 123161 – 452 Phil. 261 – 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 […]
G.R. No. 143085 – 469 Phil. 132 – 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, […]
G.R. No. 138541 – 451 Phil. 856 – 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 […]
G.R. No. 150590 – 456 Phil. 719 – 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 […]
G.R. Nos. 143760-63 – 452 Phil. 719 – 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 […]
G.R. No. 149368 – 471 Phil. 497 – 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 […]
G.R. No. 108381 – 384 Phil. 1 – 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 […]
G.R. No. 140513 – 461 Phil. 471 – 416 SCRA 24 – 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, […]
G.R. No. 145993 – 452 Phil. 210, 101 OG No. 20 – 404 SCRA 170 – Criminal Law – Book 1 – Aggravating Circumstances – Qualifying Circumstances; Use of Motor Vehicle On July 7, 1996 at 4pm, Joseph Galang admonished Rufino Mallari for driving so fast in front of the […]
G.R. No. 140762 – 457 Phil. 566 – Criminal Law – Book 1 – Aggravating Circumstances – Abuse of Superior Strength On March 8, 1996, Roger Roxas,a policeman was looking for something. He then confronted a certain Lorna Puno, thereafter, from the outside of Lorna’s house, Roxas ran after her until […]
G.R. Nos. 120493-94/117692 – 377 Phil. 567 – 319 SCRA 539 – Criminal Law – Book I – Aggravating Circumstances – Abuse of Superior Strength On October 28, 1989, Julio Ocumen had a heated argument with Alex Espanto and Juanito Bibat during a wedding celebration. Ocumen went berserk and ran […]
G.R. No. 157984 – 478 Phil. 48 – 434 SCRA 38 – Criminal Law – Aggravating Circumstances – Cruelty – Number of Stab Wounds On February 10, 1980 at about 8pm, Moises Simangan and four other men wearing fatigues knocked on the door of the store owned by Ernesto Flores […]