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 […]
Criminal Law
105 posts
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. 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. 250927 – Criminal Law – Special Penal Laws – R.A. 9165; Dangerous Drugs Act – Section 21; Presence of Insulating Witnesses; Mandatory but they need not witness actual buy-bustMarking of drug evidence must be done immediately after seizureIn June 2015, Mario Nisperos was arrested in a buy-bust operation. […]
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. 260021 – Criminal Law – Special Penal Laws – Anti-Child Abuse Law – Corporal Punishment in School Melany Garin was a school teacher who, one day, ordered her pupils to place in their mouths pieces of trash, consisting of scraps of paper, pencil shavings, dirt, and candy wrappers […]
G.R. No. 231989 – 839 Phil. 598 – Criminal Law – Special Penal Laws – R.A. 9165 – Anti-Dangerous Drugs Act – Section 21 – Chain of Custody Romy Lim was subjected to a buy-bust operation. He was convicted by the trial court and his conviction was affirmed by the […]
G.R. No. 235658 – 874 Phil. 881 – Criminal Law – Special Penal Laws – R.A. 9165 – Section 21 – Chain of Custody In April 2008, Raul Del Rosario was subjected to a buy bust operation. He was subsequently charged with violations of Sections 5 and 11 of R.A. […]
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. 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. 228255 – 853 Phil. 267 – Criminal Law – Special Penal Laws – Ant-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In July 2014, Mary Jane Cadiente was allegedly subjected to a buy-bust operation in Makati. After the alleged buy-bust operation, […]
G.R. No. 242947 – 857 Phil. 250 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses – Chain of Custody In June 2013, Mario Manabat was subjected to a buy bust operation in Dipolog City. After an alleged successful buy-bust, […]
G.R. No. 219852 – 851 Phil. 64 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Section 21 – Presence of Mandatory Witnesses In February 2009, members of the Muntinlupa Police Station conducted a buy-bust operation against Dave Claudel. After the alleged sale of illegal drugs was […]
G.R. No. 193225 – 753 Phil. 382 – Criminal Law – Special Penal Laws – R.A. 9262 – Violations not subject to compromise agreement – Permanent Protection Order; Only the court may revoke the same In 2007, a Permanent Protection Order (PPO) was issued against BBB upon a petition filed […]