G.R. No. 212196 – 750 Phil. 212 – 745 SCRA 221 – Political Law – Constitutional Law – Bill of Rights – Presumption of Innocence is Stronger than Presumption of Regularity in the Performance of Official FunctionsCriminal Law – Special Penal Laws – Republic Act 9165: Dangerous Drugs Act – […]
Criminal Law
105 posts
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. 191913 – 685 Phil. 223 – 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 […]
G.R. No. 193661 – 716 Phil. 408 – 703 SCRA 597 – Criminal Law – Special Penal Laws – Anti-Dangerous Drugs Act – Confidential Informant Remedial Law – Evidence – Testimonial Evidence – Presentation of Confidential Informant Ryan Blanco was convicted for violations of the Dangerous Drugs Act (R.A. 9165). […]
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 […]
G.R. No. 163267 – 634 Phil. 207 – 620 SCRA 134 – Criminal Law – Special Penal Laws – Illegal Possession of Firearms – Constructive Possession In January 1996, Teofilo Evangelista while in Dubai, UAE, was accosted by the Dubai Police for possession of one pistol, one submachine gun, and […]
G.R. Nos. L-9805-06 – 100 Phil. 1069 – Criminal Law – Crimes Against the Fundamental Law of the State – Article 125 – Delay in the Delivery of Detained Persons to the Proper Judicial Authorities – 12-18-36 Rule On 20 May 1955, Dionisio Mabong was arrested without warrant for stabbing […]
G.R. No. L-9598 – 99 Phil. 725 – Criminal Law – Prescription of Offenses – Article 90 – Prescription of Light Offenses Statutory Construction – Intention of the Legislature – Spirit of the Law On 26 June 1954, a certain Yu Hai was caught engaging in illegal gambling operation then […]
G.R. No. L-48088 – 173 Phil. 616 – 84 SCRA 477- Criminal Law – Crimes Against Public Interest – Perjury – Elements – Sworn Statement Perjured Must Be One Required By Law In January 1978, Gotardo Flordelis was criminally charged for Perjury. It was alleged in the information that Flordelis […]
Notice of dishonor must be in writing; verbal notice is not sufficient If notice was sent via registered mail, the affidavit of the mailer must be submitted in court Or, in the alternative, the mailer must testify in court Conviction may still be had even if the issuer of the […]
154 SCRA 161 – Criminal Law – Special Penal Laws – Batas Pambansa Blg. 22 – Checks issued as guarantee In 1986, Victor Que was convicted of violating Batas Pambansa Blg. 22. He appealed all the way to the Supreme Court. In his defense, he argued that he issued the […]
Sending of a demand letter is not a condition precedent in prosecuting BP 22 cases But Notice of Dishonor is indispensable Notice of Dishonor may be through telephone G.R. No. 140425 – 493 Phil. 280 – 453 SCRA 109 – Criminal Law – Special Penal Laws – Anti-Bouncing Checks Law […]