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 […]
Criminal Law
110 posts
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 […]
G.R. No. L-45043 – 63 Phil. 369 – Criminal Law – Crimes Against Property – Qualified Theft – Grave Abuse of Confidence In January 1936, Koc Song stole various personal properties from Lue Hok. The personal properties he took consisted of some clothing, a wallet, a comb, a watch, some […]
G.R. No. 133535 – 372 Phil. 816 – 320 SCRA 684 – Criminal Law – Crimes Committed by Public Officers – Plunder; Jurisdiction Remedial Law – Jurisdiction of Courts – Jurisdiction of the Sandiganbayan In 1996, an Information was filed with the Sandiganbayan against Lilia Organo for the crime of plunder […]
G.R. No. 74433 – 237 Phil. 718 – 153 SCRA 742 – Criminal Law – Crimes Against Persons – Article 247 – Death Inflicted Under Exceptional Circumstances One day in 1984, Francisco Abarca, through a peephole, caught his wife having sexual intercourse with one Khingsley Paul Koh inside the Abarca […]
G.R. No. 187229 – 682 Phil. 608 – 666 SCRA 645 – Criminal Law – Crimes Against Persons – Rape; Qualified Rape Crimes Against Public Order – P.D. 1866 – Illegal Possession of Firearms One evening in April 2003, AAA boarded the passenger van of Arnel Sison. AAA was on her […]
G.R. Nos. L-54645-76 – 213 Phil. 344 – 128 SCRA 383 – Criminal Law – Book 2 – Crimes Committed By Public Officers – RA 3019 – Preventive Suspension Not a Penalty Reynaldo Bayot was an auditor for the Commission on Audit. He was allegedly involved in certain anomalous transactions […]
G.R. No. 151978 – 478 Phil. 606 – 434 SCRA 467 – Criminal Law – Mitigating Circumstances – Article 64, Revised Penal Code – Presence of two mitigating circumstances; no aggravating circumstances – Combining the mitigating circumstances in paragraphs 4, 5, and 6 of Article 13 of the Revised Penal […]
G.R. No. 77368 – 45 SCAD 173 – Criminal Law – Continuing Crimes – Fencing is not a continuing crime In 1985, a robbery was committed in Quezon City where jewelries worth millions were stolen. The said jewelries were later found in the possession of a certain Danilo Alcantara in […]
G.R. No. 157171 – 519 Phil. 591 – 484 SCRA 617 – Criminal Law – Book 1 – Felonies – Mala In Se vs Mala Prohibita Crimes – Defense of Good Faith In 1995, Aquilino Pimentel, Jr., ran for the senatorial elections. Meanwhile, in Alaminos, Pangasinan, Arsenia Garcia was one […]
G.R. No. 186412 – 672 Phil. 712 – 657 SCRA 270 – Criminal Law – Criminal Liability – Proximate Cause – Efficient Intervening Cause On January 22, 2002, Danilo Cruz went to a sari-sari store to buy bread. Out of nowhere, Orlito Villacorta appeared and thereafter stabbed the left part […]
G.R. No. 137110 – 391 Phil. 809 – 337 SCRA 122 – Civil Law – Persons and Family Relations – Void Marriages – Need for Judicial Declaration of Nullity Before Remarriage Criminal Law – Crimes Against Civil Status of Persons – Bigamy – Elements In April 1976, Dr. Vincent Mercado […]
G.R. No. 183805 – 713 Phil. 256 – 700 SCRA 443 – Civil Law – Persons and Family Relations – Marriages ; Void Marriages – A Void 2nd Marriage is not a Defense in Bigamy Criminal Law – Crimes Against Civil Status of Persons – Bigamy – Elements In September […]