G.R. No. 258524 – Criminal Law – Book 2 – Crimes Against Honor – Libel – Cyber Libel – Prescriptive Period – Date of Publication vs Date of Discovery On 10 May 2021, two Informations for Cyber Libel were filed against Berteni Causing. The Informations alleged that Causing posted libelous […]
Book II
37 posts
G.R. No. L-23908 – 124 Phil. 1179 – 18 SCRA 555 – Legal Ethics – Use of Respectful Language – Defamatory language if relevant to the case are privileged Criminal Law – Book 2 – Crimes Against Honor – Libel – Privileged Communication Atty. Venancio Aquino, on behalf of Demetrio […]
NOTE: You are encouraged to read the full text of this case. This case comprehensively discussed Article 266-A of the RPC and Section 5b, RA 7610. G.R. No. 227363 – 849 Phil. 197 – Criminal Law – Crimes Against Persons – Rape vs Sexual Assault – Damages in Rape Cases […]
G.R. No. 205144 – 748 Phil. 806 – Criminal Law – Crimes Against Property – Estafa – Juridical Possession vs Material Possession – Liability of a Collector; Failure to Remit – Misappropriation In 1999, Margie Balerta, then working as a cashier of a cooperative in Balasan, Iloilo, was accused of […]
G.R. No. 210318 – 878 Phil. 122 – Criminal Law – Book II – Crimes Against Property – Theft vs Estafa – Material Possession vs Juridical Possession – Collector’s Liability Janice Reside is the principal of Treasury of the Golden Word School, Inc. (TGWSI). She was entrusted to collect and […]
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. 152997 – 484 Phil. 563 – Criminal Law – Book II – Crimes Against Personal Liberty – Trespass to Dwelling – Lack of Criminal Intent Remedial Law – Criminal Procedure – Rule 110 – Information – Designation of the Offense – When time is not an element of […]
G.R. No. 196342 – G.R. No. 196848 – Criminal Law – Book II – Rape by Sexual Intercourse – Rape by Sexual Assault – Rape by Sexual Assault is not Necessarily Included in Rape by Sexual Intercourse – Variance Doctrine Remedial Law – Criminal Procedure – Rule 120 – Variance […]
G.R. No. 252898 – Criminal Law – Book II – Crimes Against Persons – Rape; Invalid Defenses; Promiscuous History of Victim – Rape Shield Doctrine AAA filed two rape cases against William Disipulo. She alleged that William introduced himself as a talent scout who was looking for models. William invited […]
G.R. No. 224946 – Criminal Law – Book II – Special Penal Laws – Anti-Violence Against Women and their Children Act – Section 5(i) – Economic Abuse must be Deliberate Christian Acharon was an Overseas Filipino Worker. His wife sued her for economic abuse (violation of Section 5(i) of R.A. […]
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. 106634 – 396 Phil. 784 – 342 SCRA 620 – Criminal Law – Book II – Crimes Against Persons – Rape – Unnatural Acts of an alleged victim of abduction and rape lead to an acquittal – Lack of Penile Penetration Estela Eng alleged that in January 1990, […]
G.R. No. L-20216 and L-20217 – 21 SCRA 1119 – Criminal Law – Book II – Crimes Against Chastity – Acts of Lasciviousness – Elements; Lewd Design – No lewd design if committed in a public place In August 1960, Tiburcio Balbar went inside the classroom of teacher Ester Gonzales […]
G.R. No. 161032 – 587 Phil. 64; 565 SCRA 132 – Criminal Law – Book II; Revised Penal Code – Crimes Against Honor – Libel – Doctrine of Qualified Privileged Communication From May to June 1999, Erwin Tulfo published articles in his column in the tabloid REMATE where he accused […]
G.R. No. 225010 – 843 Phil. 759 – Criminal Law – Book II – Crimes Against Honor – Libel – Religious Freedom Elements of Libel – Victim must Be Identifiable In July 1998, Eliseo Soriano, head of the Ang Dating Daan was indicted for two counts of libel. The accusations […]
G.R. No. 93173 – 226 SCRA 438 – Criminal Law – Crimes Against Public Interest – Perjury – Perjured Statement Must Be Required By Law In 1987, in behalf of Pine Philippines, Inc. (PPI), Honorio Saavedra, Jr., filed a verified complaint for damages against Gregorio Ramos. Saavedra, in the verification […]