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 […]
Book I
45 posts
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 – 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 […]
G.R. No. 145993 – 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 Galang’s house. Mallari got irked and challenged Galang into […]
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 – 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 after the two. Incidentally, […]
G.R. No. 157984 – 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 and Sofronia Saquing. The […]
G.R. No. 115215 – 314 SCRA 505 – Criminal Law – Book I – Aggravating Circumstance – Use of Motor Vehicle On August 8, 1993, Elizalde Faco was tasked to fetch Lenny Gatalan, a cashier in a bakery. But Faco has other plans that day. Instead of only fetching Gatalan, […]